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Home My Public Portal About2016-04-19 AttorneyClient In The Matter Of Bal Harbour Yacht Club, Inc CASE 15-6568CA301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 Page 1 BAL HARBOUR VILLAGE ATTORNEY/CLIENT SESSION ORIGINAl I N THE MATT ER OF BAL HARBOUR YACHT CLU B, INC., et al v . BAL HARBOUR VIL LAG E CASE NUMBER : 15 -6568 CA 30 BA L HARBOUR VILLAGE HALL 655 96th STR EET BA L HARBOUR , FLORIDA 33154 TU ESDAY , APRIL 19 , 2016 6 :34 p .m. -7 :02 p .m. Taken before Mary G. Stephenson , FPR, Notary 25 Public for the State of Florida . Veritext Legal Solution s 800-726-7007 305-376-8800 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 APPEARANCES : CO UNC ILMEMBERS: MART I N PACKER , MAYOR PATRICIA COHEN, ASS I STANT MAYOR GABRIEL GROISMAN SETH E. SALVER JAIME M. SANZ VILLAGE MANAGER: JORGE M. GONZALEZ VILLAGE ATTORNEY: WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE , P .A. BY: RICHARD JAY WEISS, ESQ . JOSEPH SEROTA, ESQ. VI LLAGE CLERK: DWIGHT S . DANIE Page 2 (Present only during public session.) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 3 1 2 3 4 5 6 7 8 9 Thereupon , the following proceedings were had: 10 11 12 13 1 4 15 16 17 18 1 9 I 20 21 22 23 24 25 800-726-7007 MAYOR PACKER: It i s now 6:34 . We are about to have an attorney/client session in accordance with Florida Statute 286.011 rega rding t he l it igation styled Bal Harbour Yacht, Incorporated and Flamingo Way Enterprises, LLC versus Bal Harbour Village, Case Number 1 5 -6568 CA 30 . The session is estimated to last 30 minutes and the following people will be in attendance at th is meeting: Myself, Mayor Martin Packer , Assistant Mayor Patricia Cohen , Village Councilmembers Gabriel Groisman and Jamie Sanz. Councilman Salver at the moment is absent . Village Manager Jorge Gonzalez, Village Attorneys Richard J . Weiss , and Joseph H . Serota. These proceedings will be record ed by a certified court reporter and , at the conclusion of all l i tigation discussed, the transcri pt will be made part of the public record. All individua ls who I have not named should leave t he room at this time. THE CLERK : Let me do a roll call real fast and I'll leave. Okay? Mayor Packer . V eri text Legal Solutions 305-376-8800 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 25 800-726-7007 Page 4 MAYOR PACKER: Here. THE CLERK: Assistant Mayor Cohen. ASSISTANT MAYOR COHEN: Here . THE CLERK: Councilman Groisman. COUNCILMAN GROISMAN: Here . THE CLERK: Councilman Salver is not here. And Councilman Sanz . COUNCILMAN SANZ: Here. THE CLERK : You have a quorum. (Thereupon, the clerk left the room.) MR . SEROTA: Thank you , Mr. Mayor. We are here to discuss the yacht club case. I will begin by saying you have no decision to be made today. This is really just an update just to tel l you where we are and what we are doing. As I say , there is no specific decisions or settlement offers or anything like that for you to consider, but we just felt that we have been putting a lot of effort into this case. It 's not done and we want to bring you up to date. First of all, just as a very quick reminder , the yacht club is seeking a declaratory judgment that the yacht club is in compliance with Florida law. Excuse me, with the village code. That is what they are seeking. They filed a Ve ri text Lega l So lutions 305 -376-8800 1 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 15 16 17 18 19 20 2 1 22 23 24 25 800-726-7007 Page 5 declaration. It 's a lawsuit, but they seek a declaration that they are operating in accordance wi th the village code. By way of background, before that , at the request of council the village attorney issued an opinion. This was j ust a year ago l ast March. At the end of the opinion , the village attorney says, the village has received some ev i dentiary information regarding the existence of the Bal Harbour Yacht Club and how it's operated. The evidence supports the view t hat the marina operation is noncommerc ial. To determine whether there is a some commercial use -- Thereupon Councilman Salver entered t he room. ) MAYOR PACKER: I announce that Councilman Salver has arrived . MR . SEROTA : The opinion said to determine whether there is some commercial use would require an investigation into where t he money goes, and then the opinion concludes the on l y manner in which access would be granted would be through an action for declaratory judgment. That was i ssued in March . The next t h ing we know is there is a lawsuit for a declaratory judgment brought by the Veritext Legal So lut ions 305 -376-8800 1 2 3 I 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 6 yacht club. So that was started -- MR. WEISS : You remember, we issued this opinion. I was about to bring it to the council meeting and say ASSISTANT MAYOR COHEN: And they beat us to it. MR . WEISS: --this is as far as we can go, and before we even got there, they filed the lawsuit . MR. SEROTA: When they initially brought the lawsuit they sought two declarations . One was that the yacht club was acting in accordance with the code, and then the second declaration they sought was that the Bal Harbour Yacht Club is currently a not -for -profit corporation. They asked for that. We then served 120 document requests on them, and soon thereafter they dropped count two . So they took a voluntary dismissal of count two. So they no longer were seeking a declaration from the court that they are nonprofit. I mean, it doesn't change the case that much. ASSISTANT MAYOR COHEN: Does that mean that they admit t hey are profit? COUNCILMAN GROISMAN: No, because they are Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 I 24 25 800-726-7007 Page 7 still seeking a declaration t hat they are noncommercial , that they are in accordance . MR. SEROTA : That is right. I think they just made a strategic decision that they didn 't want to do that, and they also realized, I think, when we asked for all these documents, that it opened up more of a can of worms than they had otherwise . MR. GONZALEZ : We countersued , didn 't we? MR . SEROTA : Right . We filed defenses and we filed a counterclaim . Our coun terclaim asked for very similar re lief to their claim. Our counterclaim says we want a declaration as to whether the historic recreational use , that we say i t has a historical recreational use , has been abandoned because that is one of the thoughts here , and then , secondly, declaring whether the F lamingo Way property is operating as a permitted use in accordance with the code , which , again , is exactly what they are asking for. That is really what we sought . Now , t h ey filed a motion or they are seeking to dismiss our counterclaim claiming it 's frivolous because we had no evidence at the time it was fi led to suggest that the yacht club was Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 1 4 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 8 not operating properly . Our counterclaim is just a flip side of their claim . You may say, why do we need a counterclaim . We really don 't , except that just like they dismissed count two , there is a chance t hat they would dismiss count one if we dismissed our counterclaim, but once you file a counterclaim, they can 't dismiss their claim. So they are trying to pressure us to dismiss count two , and they are also seeking fees relating to count two , but that is where we are. Count two, as I say, is relatively innocuous. It 's just a flip side of what t hey are asking for . Discovery has been ongoing . Every aspect of this case, I am sure thi s is no surprise to any of you in dealing with Mr . Imbesi and his attorneys and all . I mean, they fight everything . Every request we made , 120 requests , they had probably 25 page objections . The judge allowed most everything that we requested . Not everything. The judge did make some restrictions , but they are fighting on everything. So we have begun the process of taking depositions . We have taken the deposit i on of Joe Imbesi , the dockmaster , Tony Imbesi , Orla I mbesi. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 I 6 I 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 P age 9 We have more depositions ahead . MR . WEISS : The daughter . Did we take t he daught er? MR . SEROTA: Not yet. An d we h ave another important deposition ahead. Wel l , a cou ple o f them. One of them i s To n y Argiz who is their a c cou n tant , who is a very competent acc ountant . Brown. COUNCILMAN SALVER : Is that f r om Mo r ris and MR. SEROTA: Morris Brown Ar giz, yes. So we wil l be taking his deposition. Pursuant to the last t i me we had met, we hired Kaufman & Rossin and Robert Stone , who we have used a number of t i mes. He is a very smart guy who has giv en us insight on the documents t h a t we hav e r eceived . Frankl y, we haven 't even comp l etely r eviewed all t he documents we have gotten yet. We will in t ime for Tony Argiz , but we haven't really revi e wed all of them and Robert S t one is helping us with that. As you know, they are also seeki n g -- MR. WEISS: I am sorry. Robert Stone is an account ant . He is an accountant. ASSISTANT MAYOR COHEN: That guy? Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 19 20 21 22 23 24 I 25 800-726-7007 Page 10 MR. WEISS: Robert Stone. We hired him. We hired an accountant to help us go through . ASSISTANT MAYOR COHEN: From Kaufman & Rossin? MR. WEISS: Yes . To look through the financial records and help us with the bookkeeping, and what they are doing with their money . MR . SEROTA: He 's a very senior guy with Kaufman & Rossin that we have used. I have used him as a personal tri al witness in two big tria l s I have had. He's a very smart guy, but he also , if necessary, good witness. some guidance. kno ws how to testify, and he 's a He has been helping us giving us Now , they also are attempting to take some depositions. Really, the who l e thing is them . In other words, their activities. Whatever you may know or not know is real ly not relevant. But , you know, Imbesi being Imbesi , he might as we l l take your deposition . So we have limited your depositions quite a bit, that they actually were reasonable about that. In other words, they can't can ask you why you made certain decisions, things l ike that . You have a Veritext Legal So lu tions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 11 legis l ative privilege. They have recognized that le gis l ative privilege . The questions they will ask, and we will prepare you as it gets closer , are going to be quite narrow, wh ich is who spoke to you, who didn 't speak to you , who did you speak to, meaning, you know, citizens, stuff like that. MR. WEISS: We will prepare each of you. COUNCILMAN SALVER: We had to respond to interrogatories on that , r i ght? MR. SEROTA: Yes, because they are l ooking for any information that you had relating to, you know , certain aspects of the project . COUNCILMAN GROISMAN: The depositions are for pressure only. There is nothing we can give. ASSISTANT MAYOR COHEN : Everybody has been deposed? You have been deposed? MR . WEISS: I haven 't been deposed. COUNCILMAN SANZ: When they told me MR . SEROTA : Jaime and all of you to schedule . COUNCILMAN GROISMAN : They have scheduled some residents' depositions. MR. SEROTA: Right. Ian Tramini, Beth Berkowitz, Doug and Nina Rudolph, so far, they have scheduled, but , again , as Gabe says, either Veritext Legal Solutions 305-376-8800 · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 12 they are operating properly under the code or they are not . There is nothing that any of you know or don 't know or anybody that you met with that is particularly relevant as to whether they are operating properly. COUNCILMAN GROISMAN: It's an aggression tes t. MAYOR PACKER: I certainly don't know any of the boat operators that are going in and going out. That is for sure . ASSISTANT MAYOR COHEN: It doesn't matter. COUNCILMAN GROISMAN: It doesn't matter to the case . MAYOR PACKER: They just want to question you. COUNCILMAN GROISMAN : They want to put pressure on us. MR. SEROTA: Because we put a lot of pressure on them. We really have. The quest ion is, just to give you an overview of some of the t hin gs we have been f inding. As I say, we are not prepared yet to make any recommendations or te ll you exactly what our theory is or where we are going , but there are some obvious areas we are looking into . Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 15 16 17 1 8 19 20 21 22 23 24 25 80 0-726-7007 Page 13 Their witnesses were very well prepared. There is no great secret as to the key issues in this case . For example, are they nonprof it , right? I mean , they are registered proper . They are not idiots. They know how to f ile documents to show they are nonprofit . However, there are real questions and these are somewhat accounting questions which is nonprofit. The concept of nonprofit is you pay people who actually do work in accordance with the market what you should be paying people. In this case , they have paid some year-end payments to directors and some of their family members if they have t he money at the end. T ha t is really what we all do who have businesses. I mean , law firms , we distribute profits at the end of the year if we have it . I f we don 't have it , we don't distribute profits. COUNCILMAN GROISMAN: Business is the key word. MR . SEROTA : Right. I am saying , that to me is really and according to Robert Stone is probably one of the most important areas that is questionable. MR . WEISS: A not-for-profit is a llowed to Veri text Legal So luti ons 305-376-8800 1 2 3 I 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 2 3 24 25 800-726-7 007 Page 1 4 have empl oyees . So if you have the cancer society -- ASSISTAN T MAYO R COHEN : Th ey a l l have emp loyees . I know that . MR . WE I SS : They have e mployees, but they are paid gene r ally a salary , and they are not being pa i d based u pon h ow much money they h ave at the end . ASSISTANT MAYOR COHEN : That is i t . At the end of t hey year . COUNCILMAN GROISMAN : And also they do n 't distribute to their family members large year -end bonu ses even if they don 't work . ASSISTANT MAYOR COHEN : How can i t be not-for-profit? Everything goes t o ei t her a cause or -- COUNCILMAN GROISMAN : I t 's obvious , but they have to do the numbers and get t h e accounting to prove it because they didn't just --they d i dn 't do it sloppi l y , but it 's obvious what they do . MR . WEISS : The depositions , they h ave li tt l e jobs for each person . J oe i s t he overall pres i de n t. T he son , T ony , does the day-to-day operat i ons . The moth er is the accounts payab l e or Veritext Legal So lut ions 305-376 -880 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 21 22 23 24 25 800-726-7007 Page 15 the daughter. They give them little jobs and they are well prepared for the deposition . ASSISTANT MAYOR COHEN : They can really make a lot of money with these little jobs . MAYOR PACKER : Are they paid normal rates as per the area of expertise as for the area where they are? In other words, if they are paid $150 an hour, that i s a little bit out of whack. MR . SEROTA: I will tell you we are not ready to answer that question exactly because I think the salaries are --some of the salaries are not outrageous, you know, 30, $40 ,000 a year -- MAYOR PACKER: For a dockmaster? MR. SEROTA: --if you do something , but if it 's a profit distribution 30 , $40,000 is a huge amount of money. If you are basically just a director and you g et a check for 30, 40 ,000 at the end of the year, that is a huge amount of money . This is one area , and t hat is really why we are using the accountant, and it's really an expert area , but you are right, Mr. Mayor, when you say it's also what the market is. MAYOR PACKER: T hat is the test. MR. SEROTA : For somebody who is a part-time bookkeeper and they get 60,000 a year Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 16 for putting in an hour a week , that is too much. So that is one area. Now, under the code , you h ave to have , it has to be private noncommercial . Al l right. So they say the access is limited to members . They claim they have rejected members, and they claim they really have like members . On the other hand ASSISTANT MAYOR COH EN: Not just anybody who comes along and wants to rent a s l ip . MR . SEROTA: Well, again , they are very conscious of our challenge. So they do charge for some members. We asked them , have you rejected any members. Yes, we have . Who have you rejected? I can't remember. Membership really gives you nothing special other than being able to dock your boat there. Well , any marina allows you to dock your boat there . ASSISTANT MAYOR COHEN: And any marina can reject somebody they don't like if they have reason to believe that t he person is a big partyer or is going to cause problems . So any marina can reject. MR . SEROTA : When we asked them who you Veritext Legal So lut ions 305-376-8800 1 2 3 4 5 6 I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 800-726-7007 Page 17 rejected and why, they said, well , I remember somebody , although I don 't remember his name , because he wasn 't complyi ng with the rules . Just as you say, right , you can be in a public marina, and you say, well , you can't get here before 1 0 :00 o 'clock in t he morning . Well, I have to get here earlier . That is not complying with the rules. All right . Just to give you an idea about some of the other t hi ngs. Under your code , you have to be a private recreation facility . It has to be a private faci l ity designed t o provide recreational and soci al activities. Recreational and social activities . So they say, well , we have one. We allow the activity of going boating. Tha t is a recreational activity . ASSISTANT MAYOR COHEN : Oh , no . MR. SEROTA : Let me put it this way . It 's a totally leg itimate recreatio n al activity; In fact , it specifically says under your code that recreationa l facility can inc l ude boat doc ks . So there is noth i ng wr ong wi t h that by itself . T he problem is --Richard and I were ta l kin g about this last night --if you have a social c lub and part of the social club or private Veritext Legal Solutions 305-376 -8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 800-726-7007 Page 18 club is to allow boating, that as an ancillary part of the club is perfectly okay . MR. WEISS: There used to be -- MAYOR PACKER: There is no club anymore. MR. WEISS: Right . There used to be a dog , which was the club and then the tail, which was the yacht club. But the dog is gone. So all you are left with is the tail . COUNCILMAN SANZ: But the tail was long gone. It was the club. MR . SEROTA: Richard's analogy, t he tail is the club . MR. WEISS: The tail is the marina. The club went away and we just have thi s tail there and they are claiming that is still the club . COUNCILMAN GROISMAN: Joe , can I ask a question? MR. SEROTA: Sure. COUNCILMAN GROISMAN: Our second claim I think was with regards to trying to seek a declaration as to whether it's considered a new marina because if it is a new marina, it can only be rented to residents of Bal Harbour as a whole. Has discovery shed any light on that? MR . SEROTA : No, not yet . What they did Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 19 is --well, the judge, first of all, has limited us. We may be able to go back to the judge to focus on -- COUNCILMAN GROISMAN: Membersh ip lists. MR. SEROTA: Well, not just membership lists , but since they became a nonprofit and they made changes going forward. In terms of the judge has so far ruled that what happened before is not relevant . So she is not really letting us get into that at this point, but we can go back. One of our claims, yes, is whether they have lost the existing recreationa l use because they are now limited. COUNCILMAN GROISMAN: The code says something interes ting about that because when the marina was established, it says if there is ever a new marina, because this club was supposed to be for club members which are residents of Bal Harbour. MAYOR PACKER : Residents of Bal Harbour. COUNCILMAN GROISMAN: If there is ever a new marina , it has to be for residents of Bal Harbour . So the question is they changed all their they changed the company name . They Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 19 20 21 22 23 24 25 800-72 6-7007 Page 20 transferred to a new entity . They made a new , quote/unquote, club. ASSISTANT MAYOR COHEN : It 's a new marina . COUNCILMAN GROISMAN : So we are as k ing if it's a new mar i na , i t would be only for residents of Bal Harbour. I am not talking about the resid e n t i a l d istri ct . MR . WEISS : Remember , it 's onl y allowed in the business district . ASSISTANT MAYOR COHEN : I am tryi n g to understand. What you are trying to say is this one was established, the marina was established as part of a recreational facility of a bona fide socia l club because I was in the village and i t was never intended to be on its own . It was never i ntended to be a separate marina . MR . WEISS : This argu ment is a l ittle bit different , which is they had a club . They had a marina t h at was part of the club . ASSISTANT MAYOR COHEN : Correct. MR . WEISS: That use was terminated and this is a new use and therefore the new use has to come under the new part of the code. ASSISTANT MAYOR COHEN: What I am trying to understand what the intention was of the code . I Veritex t L egal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 800-726-7007 ----------- Page 21 am trying to understand. Is it because they didn't want boats to come in and just pay. MR. WEISS: It was a dog and a tail. It was part of t he club. ASSISTANT MAYOR COHEN : Right, which ma kes a difference . It 's a service to a club member. It's a service to a member to have whether it be p l ayi ng tennis or docking their boat, but they never intended the intention wasn 't to make it just a faci lity where people could dock their boat. I s that the spirit? That is the spirit? Okay . COUNCILMAN GROISMAN: That is what I believe. I am not the lawyer . When you loo k at it in the history , it would make sense because they were supposed to be for Bal Harbour residents who were members of the club . The code said if you are ever going to make a new marina, it also has to be only for Bal Harbour residents. ASSISTANT MAYOR COHEN : So the intention from the beginning was that , to be taken that way. MR. WEISS: In order to build here in the beginning you had to be a member of the club. MR . SEROTA: There is another aspect of the Veritext Legal Solutions 305-376 -8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 80 0-726-7007 Page 22 code and what the code says , this is the same in defin i tion, is part of the definition , is that this priva t e recreational facility has got to provide recreat i on and social activities . Recreation and soci al activities and then it has the c l ub is defined as being a fraternal social character . So one theme of all our depositions is what are you providing , what are you providing, incl ud ing t he dockmaster . Listen , again , they are ready f or it. So they have some answers . It 's not like they are sitting there . ASSISTANT MAYOR COHEN : They have bridge as well? MR . WEISS : T hey are prepared for the question . So they have an answer . MR. SEROTA : They have something , but , no , they don 't have bridge. ASSISTANT MAYOR COHEN : We know a lot of people that go there . Ask them if they have been offered to join a bridge club . MR . SEROTA: They actually didn 't say that they had bridge . What they said is they have a bathroom . COUNCILMAN GROISMAN : A what? Veri text Legal So lut ion s 305-376 -880 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 23 MR. SEROTA: Bathroom . MR. GONZALEZ: That is social. COUNCILMAN GROISMAN: I think every single yacht on the marina also has a bathroom . MR. SEROTA: I'm sure it does . Hey, my boat is a lot smal l er and it has a nice bathroom . COUNCILMAN GROISMAN : Mine has a nice bathroom and no one is allowed to use it . MR . SEROTA : In any case, but they have to provide these activities because, again , i t 's something. What have they done. They were very weak in this area . They are saying things like, well , they get together . Sometimes they go boating together . MAYOR PACKER: Restaurant. MR. SEROTA : There is no restaurant. Sometimes they go boating together . COUNCILMAN GROISMAN: Is the bathroom fraternal? Is the bathroom a fraternal activity? MR . SEROTA : In any case , th i s is really where we are. This is where we are . We have to complete the discovery. As I say, want to sit down prior to Tony Argiz' deposition with our expert to get some more insight in terms of the fina ncial side of the nonprofit . Veritext Legal Solutions 305-376-8800 1 I 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 15 1 6 17 18 19 20 21 22 23 2 4 25 800-72 6-7007 Page 24 Factual l y , you know , a lot of the facts have come out . T h ey are what they are , and ultimately it 's going to be up t o a judge to det e rmine i f it looks and smel l s l ike a commercial venture then MAYOR PACKER : If it looks like a duck and smells like a duck , i t is a d u c k. MR. SERO TA : Exactly . Or wa l ks like a duck . It doesn 't smell l i ke a duck . MR . WEISS: You have to u nderstand also that we are dealing with some t hing t hat i s i ntentional . They knew that the village was a ft er them . So they went and hired a whole bunch of lawyers to paint the lipstick on a pig. They are not stupid . So they went and got a law firm with hundreds of lawyers to create a sort of facade around this so i t looks like --so they created a not-for -profit and they created a little contract so they could have members . So what we are dealing with -- ASSISTANT MAYOR COHEN : I t's all precautionary steps . MR . WEISS : We are not dea l ing with someone that was sort of ope r at i ng and we sort of caught them . These people were re ady for this because Veritext Legal So luti o ns 305-37 6-8800 1 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 80 0-72 6-70 07 Page 25 the village had started to ta lk about this . So they prepared and did a bunch of things including creating a not -for -profit and a bunch of things to try to look like they were comp l ying with the code . COUNCILMAN GROISMAN: I just wanted to s ha re with you all so you know everything that is going on i n this case . I ran i nto Mr . Imbesi, the father , by the name of Joe . MAYOR PACKER : Joe. COUNCILMAN GROISMAN : For the first time since this who l e thing started, he spoke to me cordially because usually he is very aggressive . He said, why don 't we get together. I said, we will get together . No problem. I of f ered to sit with your son and I did months ago . It didn't go anywhere. So I said, okay, great . We will meet. No problem . I 'll meet with anybody . I spoke to our attorney , and just said like in any litigation , if you meet between the parties , you want to make sure it 's a confidential meeting. If not , anything you say they wil l use in the case. So it 's a.protection . You have your lawyer write a one line e -mail , confirm that it 's a confidential settlement discussion. Verit ext Legal So luti ons 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 1 4 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 26 So our attorney , Joe, sent a very simple one line e -mail saying, you know , I understand our client , Mr . Groisman, and Mr. Imbesi are going to meet to have a confidential settlement discussion. The response was an explosive e-mail from Imbesi saying, I am not settling . I don't know why you thought I want to meet to settle . I am going to take this to the end . I wanted us to meet . Reasonable people can reach resolutions , but right now , as of now, we are not dealing with someone that is willing to have discussion. I t's sort of his way or the highway . MR. SEROTA: We are looking at this , you know, as a trial . As something that MAYOR PACKER: The judge has to be the one who feels if things are reasonable , okay. If they are not reasonable , then it 's a commercial place , and that is it . MR. SEROTA : We will need , you know, we fully expect and we are preparing this in mind to have a trial. MR . WEISS: Because it 's a factual issue. Sometimes through motions, you can get cases , but this is rea ll y going to be a factual issue. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 1 4 1 5 1 6 17 18 19 20 21 22 23 24 25 800-726-70 07 Page 27 MR . SEROTA : I don 't think t h is is a summary judgment on e i ther side . Al so , it is likely to be what i s called a bench trial , a judge trial for declaratory judgment . You can , under certain circumstances , I doubt that they wi ll do it , but you can have factual issues decided by a jury even when the ultimate decision is decided by a judge , but they have to request it. They h aven't requested it. worse . I agree with Gabe , I wouldn 't request it . MR. WEISS : Who is our judge? MR . SEROTA : Okay . COUNCILMAN GROISMAN : We could do much MR . SEROTA : She is okay . She is somebody we have a very nice relationship with . ASSISTANT MAYOR COHEN : What is her name? MR . SEROTA : Judge Lindsey , Norma Lindsey. That is where we are . We just wanted t o bring you up to date . MR . WEISS : We just want to always keep because we are spending money on this case , and , unfortunately, some litigation is more , let 's say , ref i ned and it 's a l itt l e more , I am going to say gent l emanly and just sort of -- Veritext Legal Solu tions 305-376 -8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 800-726-7007 Page 28 ASSISTANT MAYOR COHEN: Cordial . MR. WEISS : --more cordial , and some litigation is a little bit mo re combative. The attitude they have taken in these depositions and everything is very combative , which , unfortunately, increases the cost of what we are doing . ASSISTANT MAYOR COHEN : Of course . MR . SEROTA : Very , very combative . MR . GONZALEZ : Next step is the depositions that we mentioned that we wi l l be invo l ved in. MR. SEROTA : The next deposition, and that was one thing because we were aggressive enough to schedule everything first . So we are almost completing all of our depositions before they even begin. So they are okay with that . I thought we were going to fight about the order of the depositions , but they recognize that they had to go first . So r ight now we are finishing up the key -- the accountant 's deposition , we need to prepare for that. That is a key part, and then they will begin yours and some. of the people in the community. MR . GONZALEZ : After that , what happens? Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 trial . Page 29 MR. SEROTA: It will be scheduled for COUNCILMAN GROISMAN: They pushed back ours , right? Because they were asking us for deposition dates early on. I assume we all gave dates. MR . SEROTA : You were away. COUNCILMAN SANZ: I didn't give my dates because I was going to be i n Dallas. MR . GONZALEZ: When do you think we will be in cou rt? MR . SEROTA : It depends on the judge 's schedu l e, but we c o uld be in trial as early as the end of this year . More l ike ly the spring of next year , because my experience with judges is when they are bench trials , when they are nonjury trials and things they have interest in, you know , the y tend to move them quickly , but neither side has noticed it for trial because it 's not ready for trial yet , but i t could --I would say either the very end of 2016 or probably the spring of 2017 . COUNCILMAN GROISMAN : The re should be a l ull once discovery is bas ically done until when the judge says , okay , I have time to try this. It Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 30 should be a few months . COUNCILMAN SANZ: Anybody know when the marina club that was inside was demolished? MR . WEISS : We know. I don't have i t with us, but we know , absolutely. COUNCILMAN SANZ: Because i t was way back . MAYOR PACKE R: the attorney session. meet i ng. This is the conclusion of I will now reopen t h e ASSISTANT MAYOR COHEN : Fourteen years ago. MAYOR PAC KER: The attorney/client sess i on has now been terminated . The meeting is now open. T he public is now invited to return for any proceedings or matters. The meeting is adjourned. (Thereupon, the proceedings were adjourned at 7 :02 p.m.) Veritext Legal Solutions 305-376-8800 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 Page 31 C E R T I F I C A T E I , Mary G. Stephenson , FPR , St ate of Florida at Large , certify t h at I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a t rue and complete record of my stenographic notes . Dated th is 2nd day of May , 2016. Mary G. Steph enson , FPR Veritext Legal Solutions 800 -726-70 07 305-3 76-8800 [& -claim] & accounts 14:25 : & 2:12 9:14 10:3,10 I acting 6:12 · action 5:23 ,__ ___ l ___ --il activities 10:18 17:13 I 10:00 17:6 17:14 22:4,5 23:10 120 6:17 8:18 1 activity 17:15,16,19 15-6568 1:16 3:7 23:19 150 15 :7 adjourned 30:15,16 19 1 :20 I admit 6:24 -=---2---------,I aggression 12:6 ' 2016 1:20 29:21 I aggressive 25:13 3 1:11 28:13 2017 29:22 ago 5:6 25: 16 30:10 25 8:19 agree 27:10 286_011 3 :4 ahead 9:1 ,6 al 1:14 1-2=n_d_3_I_:l_l ___ ,I allow 17:15 18 :1 1-1----3---,1 allowed 8:19 13:25 I 30 1:16 3:8,915:12 I 20:8 23 :8 1 15:15,17 allows 16:18 1~3::....::3:..c..:1_54_1_:2_0 ___ _,! amount 15: 16, 18 4 1 analogy 18:11 1--40-,0-0_0_1_5_: 1-2-, 1-5-, 1-7 ---i ancillary 18 = 1 announce 5:16 1----- 6--------, answer l 5: l O 22: 16 60,000 15 :25 answers 22: 11 655 1:19 anybody 12:3 16:9 6:34 1:21 3:2 25:18 30:2 7 anymore 18:4 1-------------, 1 7:02 1:21 30_:1_7__ appearances 2:1 I 9 -april 1:20 ,1-------------1 area 15:6,6,19,21 I 96th 1:19 16:2 23:12 a abandoned 7: 16 able 16:17 19:2 absent 3:14 absolutely 30:5 access 5:22 16:5 accountant 9 :7,8,24 9:24 10:2 15:20 accountant's 28:21 accounting 13:8 14:18 areas 12:25 13:23 argiz 9:7,11,19 23:23 argument 20: 17 arrived 5: 17 asked 6:16 7:6,11 16:13,25 asking 7:20 8: 13 20:4 29:4 aspect 8: 14 21 :25 aspects 11: 12 assistant 2:3 3:12 4:2 4 :3 6:5,23 9:25 10:3 11 :1512:11 14:3,9 14:14 15:3 16:9,20 17: 17 20:3, 10,20,24 21:5,21 22:13,19 24:2127:1728:1,8 30:10 assume 29:5 attempting 10:16 attendance 3: 10 attitude 28:4 attorney 1:9 2:10 3 :3 5:5,725:1926:130:8 30:11 attorneys 3:15 8:17 Page 32 booiske 2:12 bonuses 14: 13 bookkeeper 15:25 bookkeeping 10:7 bridge 22:13,18,21 22:23 bring 4:20 6:3 27:20 brought 5:25 6: l 0 brown 9:10,l l build 21:23 bunch 24:13 25:2,3 business 13 :19 20:9 businesses 13: 15 C authorized 31 :6 1 I--'-'----------, c 31: , I b ca 1:16 3:8 1--------- b a ck 19:2,10 29:3 call 3:23 30:6 1 called 27:3 background 5:4 cancer 14:1 bal 1:7,14,15,19,20 case 1:16 3:7 4:12,19 3:5,7 5:9 6:14 18:23 I 6 :22 8:15 12:13 13:3 19: 18 ,20,22 20:6 13:12 23:9,20 25:8 21:16,19 25:22 27:22 based 14:7 cases 26:24 basically 15:16 29:24 caught 24:24 bathroom 22:24 23 :l cause 14:15 16:23 23:4,6,8,18,19 certain 10:2411:12 beat 6:5 27:5 beginning 21 :22,24 certainly 12:8 begun 8:23 certified 3:18 believe 16:22 21: 14 certify 31 :6 bench 27:4 29:16 challenge 16:1 2 berkowitz 11 :24 chance 8:5 beth 11 :23 change 6:22 big I 0: 11 16:22 changed 19:24,25 bit 10:22 15:8 20:17 I changes 19:7 1 28:3 character 22:7 boat 12:9 16:17,19 charge 16:12 17:2121:8,1123:6 check 15:17 boating 17: 15 l 8: I circumstances 27:5 23:14,17 citizens 11:6 boats 21:2 claim 7:12 8:2,7 16:6 bona 20:13 16 :6 18:19 Veritext Legal Solutions 800-726-7007 305-376-8800 (claiming -existing] claiming 7:23 18: 15 claims 19: 11 clerk 2: 15 3:23 4:2,4 4:6,9,10 client l :9 3:3 26:3 30:11 confidential 25:21,25 26:4 confirm 25:24 conscious 16: 12 consider 4: 18 considered 18:21 closer 11 :3 contract 24: 18 club 1 : 14 4: 12,22,23 cordial 28: 1,2 5:10 6:1,12,14 7:25 cordially 25.:13 17:25,25 18:1 ,2,4,6,7 I corporation 6:15 18:10,12,14,15 19:17 correct 20:20 19:18 20:2,14,18,19 cost 28:6 21:4,6,17,24 22:6,21 council 5:5 6:3 30:3 councilman 3:14 4:4 code 4:24 5:3 6:13 4:5,6,7,8 5:14,16 7:19 12:116:317:10 6:25 9:911:8,13,18 17:20 19:14 20:23,25 11 :21 12:6,12,16 21:18 22:1,l 25:5 13:19 14:11,17 18:9 cohen 2:3 3:12 4:2,3 18:16,19 19:4,14 ,21 ' 6:5,23 9:25 10:3 20:4 21:13 22:25 11:15 12:11 14:3,9 23:3,7,18 25:6,11 14:14 15:3 16:9,20 27:13 29:3,8,23 30:2 17: 17 20:3, 10 ,20,24 30:6 21:5,21 22:13,19 councilmembers 2:2 24:2127:1728:1,8 3:13 30:10 count 6:18,19 8:4,5,9 cole 2:12 8:10,11 I combative 28:3,5,9 counterclaim 7: 11,11 come 20:23 21:2 24:2 7:13,23 8:1,3,6,7 comes 16:10 countersued 7:9 I commercial 5:13,19 couple 9:6 I 24:4 26: 18 course 28:8 I community 28:24 court 3:18 6:21 29:11 1 company 19:25 create 24:16 1 competent 9:8 created 24:17,18 complete 23:22 31:8 creating 25:3 completely 9: 18 currently 6: 15 completing 28: 15 d I compliance 4:23 1 complying 17:3,7 25:4 concept 13:9 concludes 5:21 conclusion 3:18 30:7 I dallas 29:9 danie 2:16 date 4:20 27:20 dated 31 :11 dates 29:5,6,8 daughter 9:2,3 15: I day 14:24,24 31:11 dealing 8: I 6 24: 11 24:20,23 26: 1 1 decided 27:7,8 decision 4:13 7:4 27:8 decisions 4:16 10 :25 declaration 5:1,2 6:13,20 7:1,13 18:21 declarations 6: 11 declaratory 4:22 5:23,25 27:4 declaring 7: 17 defenses 7:10 defined 22:6 definition 22:2,2 demolished 30:3 depends 29:12 deposed 11:16,16, 17 deposition 8:24 9:5 9:12 10:21 15:2 23:23 28:12,21 29:5 depositions 8 :24 9: 1 10: 17,22 11: 13,22 14:22 22:7 28:4,10 28:15,18 designed 17: 12 determine 5: 12, 18 24:4 difference 21:6 different 20: 18 director 15: 17 Page 33 distribution 15:15 district 20:7,9 dock 16:17,18 21:10 docking 21:8 dockmaster 8:25 15:13 22:9 docks 17:21 document 6: 17 documents 7:6 9:16 9:18 13:6 dog 18:5,72 1:3 doing 4: 16 10:7 28:7 doubt 27:6 doug 11:24 dropped 6:18 I duck 24:6,7,7,9,9 I dwight 2: 16 e l e 2:4 25:24 26:2,5 31 :1,1 earlier· 17:7 early 29:5, 13 1 effort 4: 19 either 11:25 14:15 27:2 29:20 employees 14: 1,4 ,5 entered 5:14 I enterprises 3:6 entity 20: 1 esq 2:12,13 1 established 19: 16 20:12,12 estimated 3:9 directors 13:13 et l:l4 discovery 8:14 18:24 everybody ll :l 5 23:22 29:24 d . 4 12 evidence 5:11 7:24 ISCUSS : "d t· 5 8 d . d 3 19 ev1 en 1ary : 1scusse : d . . 25 _25 26 _ 4 1 exactly 7:20 12:23 •;~~~IOD . . 15 :10 24:8 · I example 13:4 dismiss 7:23 8:5,7,9 excuse 4 :24 dismissal 6:19 dismissed 8:4,6 distribute 13: I 6, 18 existence 5 :9 14:12 1 existing 19: 12 Veritext Legal So lutions 800-726-7007 305-376-8800 (expect -know] Page 34 expect 26:21 fpr 1:24 31:5,15 h intention 20:25 21 :9 experience 29:15 frankly 9:17 h 3 :16 expert 15:21 23:24 fraternal 22:6 23:19 hall l:l9 21:21 expertise 15:6 23:19 hand 16:8 1-e_x ...... :p_lo_si_ve_2_6_:5 __ ----; frivolous 7:24 happened 19:8 intentional 24: 12 interest 29: 17 interesting 19: 15 interrogatories 11 :9 investigation 5:20 invited 30: 14 involved 28: 11 1----_____:f:__ __ -----l"-fi_ul~ly~2_6_:2_1 ___ -----i happens 28:25 f 31:1 facade 24:16 facility 17: 11, 12,21 20:13 21:10 22:3 fact 17:20 facts 24:1 factual 26:23,25 27:7 factually 24: 1 family 13:14 14:12 far 6:7 11 :24 19:8 fast 3:23 father 25:9 1 feels 26: 17 fees 8:9 felt 4:18 fide 20:13 fight 8:17 28:17 fighting 8:22 file 8:6 13:6 filed 4:25 6:8 7:10,11 7:22,25 financial 10:6 23:25 finding 12:22 finishing 28:20 firm 24:15 firms 13:16 first 4:21 19:1 25:11 28:14,19 flamingo 3:6 7:18 flip 8:2,12 fiorida l :20,25 3:4 4:2431:5 I focus 19:3 following 3: I, 1 0 1 foregoing 31 :7 forward 19:7 fourteen 30:10 800-726-7007 1----~g-------1 harbour 1:7,14,15,19 g 1:24 31:5,15 1:20 3:5,7 5:10 6:14 gabe 11 :25 27: IO 18:23 19: 19,20,23 gabriel 2:4 3:13 20:6 21:16,20 generally 14:6 helfman 2:11 gentlemanly 27:25 help 10:2,6 give 11:14 12:20 15:l helping 9:2110:14 issue 26:23 ,25 issued 5:5,23 6:2 issues 13:2 27:7 j 17:9 29:8 hey 23:5 j 3:16 given 9:16 highway 26:13 jaime 2:5 11:19 gives 16:16 hired 9:14 10:1,2 jamie 3:13 giving 10:14 24:13 jay 2:12 go 6:7 10:2 19:2,10 historic 7:14 jobs 14:23 15:1,4 22:20 23:13,17 25:16 historical 7:15 joe 8:24 14:23 18:16 28:19 history 21:15 25:9,10 26:1 goes 5:20 14:15 hour 15:8 16:1 join 22:21 going 11:412:9,9,24 huge 15:15,18 jorge 2:8 3:15 I 16:23 17:15 19:7 ,_h_u_n_d_re_d_s _2_4_:_16 _ ___, joseph 2:13 3:16 21:18 24:3 25:8 26:3 i judge 8:19,21 19:l ,2 26:8,25 27:24 28:17 1-i-a-n -l l-:2-3-------1 19:7 24:3 26:16 27:4 29:9 idea 17:9 27:8,11,1829:25 gonzalez 2:8 3:15 7:9 idiots 13 :6 judge's 29:12 23:2 28:10,25 29:10 . b . 8 16 25 25 25 judges 29:15 1m es1 : , , , good 10:14 10 20 20 8 6 3 6 judgment 4:23 5:23 : , 25: 2 : , gotten 9:19 important 9:5 l3:23 5:25 27:2,5 granted 5:22 include 17:21 jury 27:7 great 13 = 2 25 =17 including 22:9 25:2 k groisman 2 =4 3 :13 1 incorporated 3:6 kaufman 9:14 10:3 4:4,5 6:25 11:13,21 increases 28:6 10 :10 12:6,12,l6 13:l 9 individuals 3:21 keep 27:21 14 9 = 11 ,1718 = 0 16,19 information 5:9 key 13:2,1928:20,22 l :4,1 4,2 1 2 :4 11: 1 1 knew 24:12 2l:1322 =2523 =3 ,7 1 initially 6:10 know 5:249:22 ;;;!~ ;~to;! 26:3 I :::i~:uo;;:3 8:12 ~~;t/i'123~i~~~i2 guidance 1 = 15 insight 9:1623:24 15:1222:1924:1 guy 9:l6,25 l0:9,12 intended 20:15,16 25:726:2,6,15,20 21:9 29:17 30:2,4,5 Veritext Legal Solutions 305-376-8800 [knows• people] knows 10:13 large 14:12 31:6 law 4:24 13:16 24:15 lawsuit 5:1,25 6:9,11 lawyer 21:14 25:23 lawyers 24: l 4, 16 leave 3:22,24 left 4: 10 18:8 legislative 11 : 1,2 legitimate 17: 19 letting 19:9 light 18:24 limited 10:22 16:5 19:1.13 lindsey 27:18,18 line 25:24 26:2 lipstick 24: 14 listen 22: l O lists 19:4,6 litigation 3:5,19 Page 35 18:22 19:16,17,22 20:3,5,12,16,19 morris 9:9,11 I once 8:6 29:24 mother 14:25 I 21:19 23:4 30:3 motion 7:22 ongoing 8:14 market 13:11 15:22 open 30:13 motions 26:24 I martin 2:33:11 opened 7:7 move 29:18 I mary 1:24 3 1:5,15 operated 5:10 1 matter 1:14 12:ll,l2 1 --____:0~ __ _J operating 5:2 7:18 matters 30:14 name 17:2 19:25 25:9 8:1 12:1,5 24:24 mayor 2:3,3 3:2 ,11 27:17 operation 5:12 3:12,25 4:1,2,3,l l named 3:21 operations 14:25 5:16 6:5,23 9:25 l0:3 narrow 11:4 operators 12:9 11 :15 12:8,11,14 necessary 10:13 opinion 5:6,7,18,21 14 :3,9,14 15:3,5,13 need 8:3 26:20 28:21 6:3 15:21 ,2 3 16:9,20 neither 29:18 order 21:23 28:17 17:1718:419:20 never 20:15,15 21:9 orla 8:25 20:3, 10,20,24 21 :5 new 18:21 ,22 19: 17 outrageous 15:12 21:2122:13,19 2 3 :15 19:22 20:J,1,3,5,22 overall 14:23 24:6,2125:1026:l 6 20:22,23 21:19 overview 12:21 27:17 28:l,8 30:7,10 nice 23:6,7 27:16 p 30: 11 night 17:24 nina 11:24 mean 6:21,23 8:17 13:5,16 meaning 11 :6 meet 25:17,18,20 I noncommercial 7:2 16:4 nonjury 29:16 p.a. 2:12 p.m. 1:21,21 30:17 5:12 28:3 26:4,7,9 lie 3:6 meeting 3:11 6:4 25:20 27:23 28:3 little 14:23 15:1 ,4,8 20:17 24:18 27.24 nonprofit 6:21 13:4,7 13:9,10 19:6 23:25 norma 27:18 normal 15:5 notary 1:24 I packer 2:3 3:2,11,25 4 :15:1612:8,14 15:5 15.13,23 18:4 19:20 23:15 24:6 25:10 26:16 30:7,11 long 18:9 25:21 30:9,13,15 longer 6:20 member 21:6,7,24 look 10:521:1425:4 I members 13:14 looking 11:1012:25 14:1216:5,6,7,13,14 26:14 19:18 21:17 24:19 looks 24:4,6,17 I membership 16:16 lost 19: 12 19:4,5 lot 4:1912:18 15:4 1 mentioned 28:11 22:1923:624:l I met 9:1312:3 lull 29:24 mind 26:21 1 _ __:_c=-.:...m ____ mine 23:7 --....J minutes 3:9 m 2:5,8 mail 25:24 26:2,5 manager 2:7 3:15 manner 5:21 march 5:6,24 marina 5:11 16:18,20 ,_16:23 17:5 18:13,22 moment 3:14 money 5:20 10:8 13:14 14:7 15:4,16 15:18 27:22 months 25:16 30:1 morning 17:6 notes 31:9 noticed 29:19 number 1:16 3:7 9:15 numbers 14:18 page 8:19 paid 13:12 14:6,7 I 15:5,7 paint 24:14 I part 3:20 15 :25 17 :25 18:2 20:13 ,19 20:23 21 :4 22:2 28:22 t----:~ _ ____:0~ __ _J particularly 12:4 o'clock 17:6 parties 25:20 objections 8:19 partyer 16:22 obvious 12:25 14:17 pastoriza 2:12 14:20 patricia 2:3 3:12 offered 22:21 25:15 pay 13:10 21:2 offers 4:17 payable 14:25 oh 17:17 paying 13:12 okay 3:24 18:2 21:12 payments 13:13 25:17 26:17 27:12,15 people 3:10 13:10,12 28:16 29:25 21:1022:20 24:25 Veritext Legal Solutions 800-726-7007 305-376-8800 [people -serota] 26:10 28:23 pursuant 9:13 19:12 20:13 22:3 perfectly 18 :2 permitted 7: I 8 person 14:23 16:22 personal 10: 11 pushed 29:3 refined 27:24 put 12:16,18 17:18 regarding 3:4 5:9 l!_'!._tting 4:19 16:1 regards 18:20 q registered 13:5 _q_u_e_s-tio-n-~12-:1-4-,2-0-~ reject 16:21,24 pig 24:14 place 26:18 playing 21:8 15:10 18:17 19:24 I rejected 16:6,13,15 22:16 11 = 1 point 19:10 precautionary 24:22 prepare 11 :3,7 28:21 prepared 12:22 13:1 1 relating 8:10 11:11 questionable 13:24 questions 11 :2 l3:8,9 relationship 27: 16 relatively 8: 11 quick 4:21 relevant 10:19 12:4 quickly 29:18 19 :9 15:2 22:15 25:2 preparing 26:21 present 2:16 president 14:24 pressure 8:8 11:14 quite 10:22 11:4 relief ?:l 2 quorum 4:9 remember 6:2 16:15 uote 20:2 17 :1,220:8 ,__ ____ r ___ __, reminder 4:22 12:17,19 r 31:1 prior 23:23 ran 25:8 private 16:4 17:11 ,12 rates 15:5 17 :25 22:3 reach 26: I 0 privilege 11: 1,2 ready 15: IO 22:10 probably 8:19 13:23 24:25 29:19 29:21 real 3:23 13:7 problem 17:23 25:15 realized 7:5 25:18 really 4 :14 7:20 8 :3 problems 16:23 9:20 10:17,19 12:19 proceedings 3:1,17 13:15,22 15 :3,19 ,20 30:1 4 ,16 3 1:7 16:7,16 19:9 23:20 process 8:23 26:25 profit 6:15,24 13:25 reason 16:22 I 14:15 15:15 24:18 reasonable 10:23 i 25:3 26:10,17,18 I profits 13:16,18 received 5:8 9:17 1 project 11 :12 recognize 28:18 I proper 13:5 recognized 11:l I properly 8:1 12:1,5 recommendations property 7:18 12:23 I protection 25:23 record 3:20 31:8 prove 14:19 recorded 3:17 provide 17:12 22:4 records 10 :6 23: 1 O recreation 17: 11 providing 22:8,8 22:4,5 public 1:25 2:16 3:20 recreational 7:14,15 11:5 30:13 I 11:13,13,16,19,21 rent 16:10 rented 18:23 reopen 30:8 report 31:7 reporter 3: 18 request 5:5 8:18 27:9 27:10 requested 8:20 27:9 requests 6:17 8:18 require 5:19 residential 20:7 residents 11 :22 18:23 19 : 18,20,22 20:5 21:16,20 resolutions 26:10 respond 11 :8 response 26:5 restaurant 23:15,16 restrictions 8:21 return 30:14 reviewed 9: 18,20 ricbard 2: 12 3: 16 17 :23 richard's 18 : 11 right 7:3,10 11:9,23 13 :4,21 15:21 16 :4 17:4,9 18:5 21:5 26: 11 28:20 29:4 Veritext Legal Solutions 800-726-7007 Page 36 robert 9: 14 ,20,23 10:1 13:22 roll 3:23 room 3:22 4:10 5:15 rossin 9:14 10:4,10 rudolph 11 :2 4 ruled 19:8 rules 17:3,8 I s 2:16 s 1 salaries 15: 11, 11 salary 14:6 salver 2:4 3 :14 4:6 5:14,17 9:9 11:8 sanz 2:5 3:13 4:7,8 11: 18 18 :9 29:8 30:2 30:6 saying 4 :13 13:21 23:12 26:2,6 says 5:7 7: 13 II :25 17:20 19:14,16 22:1 29:25 I schedule 11 :20 28: 14 1 29:13 scheduled 11 :21,25 I 29:1 second 6:13 18 :19 secondly 7:17 secret 13:2 seek 5: 1 18:20 seeking 4:22,25 6:20 7: 1,2 3 8:9 9:22 senior 10:9 sense 21 :15 sent 26:1 separate 20: 16 serota 2:11 ,13 3:16 4:115:186:10 7:3,10 9:4,11 10:9 ll:10,19 11:2312:1813:21 15:9,14,2416:11,25 17:18 18:11 ,18,25 19:5 21:25 22:17,22 23:1,5,9,16,20 24:8 305-376-8800 I I [serota -willing] 26:14,20 27:1,12,15 27:18 28:9,12 29:1,7 29:12 served 6:17 service 21:6,7 session 1:9 2:16 3:3,9 30:8,11 seth 2:4 settle 26:7 settlement 4: 17 25:25 26:4 settling 26.6 share 25:7 shed 18:24 show 13:6 side 8:2 ,12 23:25 27:2 29:18 I signature 31 :14 , 1 similar 7:12 simple 26:l single 23:3 sit 23:22 25:15 sitting 22: 12 I slip 16:10 sloppily 14:20 smaller 23:6 smart 9:15 10:12 smell 24:9 smells 24:4, 7 social 17:13,14,25,25 20: 14 22:4,5,6 23:2 society 14:2 somebody 15:24 16:21 17:2 27:15 somewhat 13:8 son 14:24 25:16 SOOD 6:18 sorry 9:23 sort 24: 16,24,24 26:13 27:25 sought 6:11,147:21 speak 11 :5,5 special 16:16 specific 4: 16 800-726-7007 specifically 17:20 terminated 20:21 spending 27:22 30:12 spirit 21:11,11 terms 19:7 23:24 spoke 11:4 25:12,18 test 12:7 15:23 spring 29:14,21 testify 10:13 started 6:1 25:l,12 thank 4:11 state 1:25 31:5 theme 22:7 statute 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