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HomeMy Public PortalAbout2016-09-30 AttorneyClient In The Matter Of Bal Harbour Yacht Club CASE 15-6568CA301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r Page 1 BAL HARBOUR VILLAGE ORI GINA ATTORNEY/CLIENT SESSION I N THE MATTER OF BAL HARBOUR YACHT CLUB, INC., et al v . BAL HARBOUR VILLAGE CASE NUMBER: 15-6568 CA 30 BAL HARBOUR VILLAGE HALL 655 96th STREET BAL HARBOUR, FLORIDA 33154 FRIDAY, SEPTEMBER 30, 20 1 6 10:20 a.m . -10:53 a.m . Taken before Mary G. Stephenson , FPR, Notary Public for the State of Florida TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 Veritext Legal Solutio ns 800-726-7007 305-376-8800 1 APPEARANCES: 2 COUNCILMEMBERS: 3 MARTIN PACKER, MAYOR PATRICIA COHEN, ASSISTANT MAYOR 4 GABRIEL GROISMAN JAIME M. SANZ 5 6 7 8 9 10 11 12 13 14 15 VILLAGE MANAGER: JORGE M. GONZALEZ VILLAGE ATTORNEY : WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P .A. BY: RICHARD JAY WEISS, ESQ. JOSEPH SEROTA, ESQ. VILLAGE CLERK: DWIGHT S. DANIE Page 2 16 17 18 19 20 21 22 23 24 25 (Present during public session only.) 800-726-7007 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 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 3 Thereupo n, the following proceedings were had: 800-726-7007 order. MAYOR PACKER: I'm calling this meeting to Roll call, please. This is an attorney/client session . MR. WEISS: Just read t he whole th ing. Read the exact script , please . MAYOR PACKER: You have to call the roll? MR. WEISS: The exact script. MAYOR PACKER: Call the roll. THE CLERK: Roll call for the executive session . Mayor Packer. MAYOR PACKER: Here. THE CLERK: Assistant Mayor Cohen. ASSISTANT MAYOR COHEN: Yes, here. THE CLERK: Councilman Groisman. COUNCILMAN GROISMAN: Here. THE CLERK: Councilman Salver is not here. Councilman Sanz. COUNCILMAN SANZ: Here . THE CLERK: We have a quorum. MAYOR PACKER: Thank you. The time is now 10 :20. We are about to have an attorney/client Veritext Legal Solutions 305-3 76-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 1 9 20 2 1 22 23 24 25 800-726-7007 Page 4 session in accordance with Florida Statute 286.011 regarding the l i tigation s t yled Bal Harbour Yacht Cl ub , Incorporated , and Flamingo Way Enterprises , LLC versus Bal Harbour Village , Case Number 15-6568 CA 30 . The session is estimated to last 30 minutes . The following people wil l be in attendance at this meeting : Myself , Assistant Mayor Patricia Cohen , Councilmernber Gabriel Groisman . He left? No. Councilrnember Seth Salver has left. Village Councilmernber Jaime Sanz , Village Manager Jorge Gonzalez, Vil l age Attorneys Richard Jay Weiss and Joseph H. Serota. These proceedings will be recorded by a certified court reporter and , at the conclusion of all litigation discussed , the transcript will be made part of the public record . All those indi viduals who I have not named should therefore leave the room at th i s time . MR . WEISS: We are going to move. (Thereupon , the sess i on was reconvened in a conference room .) MR . SEROTA : All right . I know that people are stressed in terms of t i me, because I do a background of this . This is t he case , as you Veri text Lega l Solutio ns 30 5 -3 76-8800 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 5 know, that was a declaratory judgment . We are here , first of all, to discuss the status of the case in accordance with the Florida statute, also settlement and litigation expenditures. That is what t he Florida statute allows. If you recall , and I am just going to give you a very brief overview . MR. WEISS : Let me stop for a second . We are going to start off by talking about the yacht club case. We have to keep the cases separate because if one case gets resolved and the other case doesn't , we don 't want the transcripts to become pub l ic . COUNCILMAN GROISMAN: Which one is --the yacht club case is the -- MR . SEROTA : Declaratory judgment . COUNCILMAN GROISMAN: Is the dee action. MR. WE I SS: That is the dee action. MR . SEROTA : So we are -- MAYOR PACKER: I have to take this call. Go ahead . (Thereupon, Mayor Packer left the room .) MR . SEROTA : We have a quorum . So just a very brief background. This is Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 6 the declaratory judgment case. The village examined the use of the yacht c lub --this was a year and a ha l f ago --to determi ne if they complied with the existing zon i ng. The question was really whether the use in a designated private club d istr ic t was commercial or not , whether it complied with the statute . There was an opinion provided by the city attorney that said based on the evidence that we had , it appears that the marina operation is noncommercial. However, we don 't have the facts . I 'm looking from the decision from March 17 , 2015 . What would be needed would be an investigation into the books , records and accounting information of the yacht club . We said that these records are not readily available to the village and the only manner in which you can get these records would be if there was a declaratory judgment and then we can look at . (Thereupon , Mayor Packer entered the room .) MR . WEISS : Let me stop . Remember , we were sort of stuck because we needed a lot more informat ion about their books and records and the 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 7 salaries they were paying and all of that. We had no ability to get it and then COUNCILMAN GROISMAN : They sued us. MR. WEISS: Then as we were in this quandary , they sued us. MR . SEROTA: Almost at the same moment as that opinion came, we get a declaratory judgment. What they are seeking is a decision from t h e court that the use is compliant with the code. We then counterclaimed for a declaratory judgment basically seeking the same thing. Tell the court to determine if this use is proper. We have been involved in discovery, request for documents, many depositions have been taken. Not surprisingly, the yacht club has resis t ed our document request. We have already had a motion to compel, which we have been successful in. We now have another motion to compe l , which we have a hearing into the future, but we are trying t o get one more recent. In terms of what we found , we discovered that, through documents and depositions, there is some information that has come out which ra i ses questions about t h e yacht club's use. It's my opinion that the yacht club's Veritext Legal Solutions 305-376-8800 1 2 I 3 4 5 6 7 8 9 1 0 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 80 0-72 6-7007 Page 8 enthusiasm for th i s case has waned conside r ably . • I will say th at I defended Councilman Groisman in his deposition . I t was clear from the comments made during the breaks t hat t hey were los i ng t heir enthusiasm . Part of it was some of t he testimony by a number of you who testified here , but also by Councilman Groisman who pointed out some of the facts that we found. Some of the facts that we found was that there is no organized club activities . They are not really involved in social activities . There is no real membership cr i teria . What they get paid at the end of t h e year is really the money that is left over . They are supposed to in a nonprofit just be paid for salaries. What happens i s the salaries they get paid at the end of the year are pretty high salaries and it looks more like profit distr i bution than paying salaries . So that was one of our concerns . We asked them about is this really a club where you review people, accept people , reject people . Nobody could remember any rejected appl i cants . The membership benefits are limited. Now , what happened i s wi th t he information we have , we realized we need more informat i on . So Veritext Legal So lutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 1 5 1 6 17 I 18 1 9 20 21 22 23 24 25 800-726-7007 Page 9 we filed a mot i o n to compel membe rs h i p i nformat ion r egarding the yacht club, 2013 financial documents which are critical to understand the year end d i s t r i bution and how that worked . We also looked for the underlying documents for t heir accounting records . Th ey had account ing records they produ ced , but not the underlyi n g documents . Th at motion is pending right n ow , and that is really where we are . MR . WEISS : Not surprisingly , and we are used to this , but every procedu ral thing they can do t o avoid giving us these records , they are doing . It's not surprising at a l l. MR . SEROTA : So we have this motion to compel and because of the court 's schedu l e , we really had difficu l ty setting it . Right now , believe it or not , it 's scheduled for the spri n g . The court has told us -- COUNCILMAN GROISMAN : Who is the judge again? MR . SEROTA : J udge Lindsey . The court has told us if somet h ing gets canceled , which is usual , we wil l get moved up. So we are calling on a r egular basis to see if something gets canceled , but tha t is r eally where Veritext Lega l Solutions 30 5-376-8 800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 1 7 18 I 19 20 21 22 23 24 25 800-726-7007 Page 10 we are in the case. Now, the plat case, let me just talk about it in a very limited sense. If what you are talking about, if what you want to talk about here is the possibility of settlement, we have two different areas of l itigation . The one that I just described, the declaratory judgment, and then you have the plat waiver, completely different case except that it involves the same people and the same property. Okay? But it's a different case. We can discuss that in this session, Richard and I have discussed this, just in an overall view if you want to try to settle everything , but we have scheduled a second --I don't know what kind of time you have for another executive session which would come right after this. That could get into the substance. MR. GONZALEZ: Let me just kind of tell you kind of not the urgency but the time has changed. At the last meeting, i t was announced that they have acquired parks or open spaces inside the gated community. Since that time, I received a letter from, a friendly letter from Mr. I mbesi wanting t o sit 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 1 1 down and negotiate the transfer of those properti es to the vil l age free and c l ear according to him , but , nonetheless , I assume that both t he first case that we just heard about and the plat case will likely come up as part of that conversation . So given that at the last meeting the council did not take any action or any di rection or anything regarding that transfer or potential transfer of that acquisition, it 's i mportant for you to authorize us if you wish for us to have conversations that could ultimately resolve in our taking ownership of that land and/or perhaps settlement of one or more of these cases . That is really t he authorization . ASSISTANT MAYOR COHEN: Why would we settle it now? COUNCILMAN GROISMAN: My comments on this i s if one thing is going to be resolved , everything is going to be resolved . MR . GONZALEZ : Correct . COUNCILMAN GROISMAN: The only type of resolution we can talk about i s a global resolution . We try to fix one case and not the other case , one property issue and not the other thing, then we are going t o end up losi ng . Veritext Legal Solutions 305 -376-8800 1 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-72 6-7007 Page 12 MR. GONZALEZ: I agree . ASSISTANT MAYOR COHEN : We lose our leverage. COUNCILMAN GROISMAN : Lose our levera ge . It 's not the right way to do it . So we have to look only for global resolution . T h at being said , I have been open to negotiating with them in reaching a resolution . We have sat many times , I have sat many time with the l awyers . You guys authorized me to deal with Jorg e and we have come up with plenty of very reasonable , you can ask them, terms that were j ust reasonable things within the code , but they have never wanted to even sit down . In fact , they told Jorge the l ast time they were in his office to negotiate something , specifically saying F -you or something similar to that . ASSISTANT MAYOR COHEN : I 'm not aware . I 'm unaware . What is it that he COUNCILMAN GROISMAN : They sued us both times. ASSISTANT MA YOR COHEN : What have you told that he doesn 't, that they don 't -- MR . GONZA LEZ: We have never made a proposal . A proposal to sit down . Veri text Legal Solu tions 30 5-376-880 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 13 For example , there was, at a different time , there was an ordinance on your agenda to develop regulations for the marina , and i t was rejected, and it was discussed , and then at one point they sent like a counteroffer of sorts and said, I 'll accept these things but not those things . So those conversations -- COUNCILMAN GROISMAN : They started . MR. GONZALEZ : are kind of floating in the air somewhere and I would suspect and I agree with Councilman Groisrnan that if you are going to do this , you want a global settlement . Otherwise , it 's a pointless effort. ASSISTANT MAYOR COHEN: You are going to start piecernealing it? COUNCILMAN GROISMAN : With regards to the park space, I think it 's an opportunity for us because at the end of the day , we don 't want to have all this litigation . It 's not good for anyone . The uncertainty is not good for the municipality, I don 't think , right? What is going to happen is we keep paying these expenses. We have a ll these issues. With t h e parks thing , it's good because they made a move that they are very proud of and happy about . Veritext Legal Solut ions 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 -726-700 7 Page 14 That i s fine. We are not in the fee l ings busi n ess . I f t h ey feel good about it , great , but we have to be very careful because, and , Richard , please cor r ect me i f I 'm wrong. It 's very important MR . WEISS: I will . COUNCI LMAN GROISMAN: --that the parks in the gated community, doesn't matter if the Imbesis own it , the city owns it . MAYOR PACKER : It makes a difference i f the city owns i t. COUNCILMAN GROISMAN : No , it doesn 't. The mayor of New York or anyone i n between . The plat restrictions carry with the transaction, which means i t can only be used by the residents of the gated community . MAYOR PACKER : If we own it , we have to take care of it . COUNCILMAN GROISMAN : Okay . Which means -- MR . GONZALEZ : On the west side. MR . WEISS : In the plat . COUNCILMAN GROISMAN : People in the plat . You are jumping exactly to my next point . For t he l ast two years , we have been doing ever ything we can , and the staff pretty Veri tex t Legal Sol uti on s 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 15 consistent l y , to commend us as a group , pretty consistently to try to separate this 50 year issue o f the gated communi t y and outside. If the village takes ownership of the parks in there for the sole and exclus i ve use of people in the plat , because that they can 't change , it 's going to be revers i ng a l l the policy we have been trying to do for the last two years and really creating more issues . Peop l e are going to say, well , if the village owns it , then , obviously , people in the plat are going to pay for it. So wh y are they paying for it , whatever . Does it make sense to talk specifics or just --any settlement agreement has to come before executive , right? MR . WEISS : We would have a discussion . COUNCILMAN GROISMAN : You wouldn 't go out and sign a deal. MR. GONZALEZ : No , of course not . We would bring you whatever . COUNCILMAN GROIS MAN: Is there a way to make a big dea l ? MR . WEISS : We di d n 't feel --we have this offer on giving us the property . Joe Serota has had conversat i ons with them at these depositions Ver itext Legal Solution s 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 which indicate that they are tired of I don 't think they know what they bit off. They didn't know what they bit off in terms of the yacht club litigation. I don't think they got that . The way they litigate is that every single thing that we ask for or that they is being fought. Patricia, you have been going through this in some of these other things, so you know . ASSISTANT MAYOR COHEN : Money. Are you kidding? Serious money. MR . WEISS: Serious money. Even in the plat case , we had a glitch in our office where a secretary didn 't do something, blah , blah, blah . It's a thing that normally, you know , another lawyer would just say no problem. They are giving us a hard time about it . MR. SEROTA: 24-hour delay in responding to something that they are trying to move forward on . MR . WEISS: The point is that what we want , what Jorge and I want is authorization. By the way, I don't think I 'm going to be --I am going to have Joe do this because I think there is a little bit of bad blood between me and Imbesi that he perceives. We try to not have anything like that , but have Joe do it with 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 17 Steve Helfman. MR. GONZALEZ: To be helpful t o me , if we are going to go do this , A , the authorization which I think you would give , and, B , agree that it should be a global settlement. But if there is anything that is there that is off the tabl e or clearly you don 't wan t to see happen , let us know , but the question I have is this parks issue . COUNCILMAN GROISMAN : To close the parks issue , my thought is the civic association , the homeowners association , I was told I can 't be on it , I shou l dn 't be on it because it could be a conflict with being on council , so I 'm not on it . But the way they did it , it seems like , and we have to confirm it , is instead of forming a new HOA , they reconstituted the civic association so i t's quicker . They already have got in money . We are talking significant money. I think it was $3 ,000 per house. I think we got no . It 's over 100 homes gave over $3 ,000 just --look , with no contract to show you the commitment of the people. Out of 180 homes , 120 I think was the number Mark told me, gave $3 ,000 with no contract , with no no th ing. For what? For t he purpose of Veritext Legal So lut ion s 305 -3 76 -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 18 get the lawyers to put everything together , all the documents together , and get this HOA done so we can move forward with this . It makes sense to me even though I 'm not a member of the HOA because they haven 't given us HOA documents . So think a bout i t . We have to make sure it works . The one that makes sense would be to do what should have been done 50 years ago , which was those properties , since they are fo r the exclusive use of the plat, to be given to the civic assoc i at ion. ASSISTANT MAYOR COHEN: I think we have an opportunity now and it.lit up right now . We have an opportunity to use the leverage of , and I don 't want you to take this wrong, but in order to compel some of those people who at the end won 't be willing to give the· $3 ,000 , you have an opportunity to really basica l ly scare people in there and say a l l the parks can potentially be open to the public if we can 't resolve this . Because what you need I don 't think you can give land to an association that is not even a proper associat i on . COUNCILMAN GROISMAN : The Imbesis can . ASSISTANT MAYOR COHEN : But they can 't . If 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 you have a legal associa t ion , you can 't be with 120 homes or 140 homes or even 1 50 homes. COUNC I LMAN GROISMAN : That is why I said first of two things . Fi r st of a l l, I think that is why I said we have to clear with the people who are running it. But that r i ght now is not a homeowners association. It's a civic association. ASSISTANT MAYOR COHEN : But you want to get a hundred percent. MR. GONZA LEZ : For a mi nute , forget the legaliti es of i t . I s this co u ncil wi l ling to say as part of this global settlement that instead of the land coming to the village , it went to -- ASSISTANT MAYOR COHEN : The land can 't come to the village . The land can 't come to the v i llage . MR . GONZALEZ : I 'm not giving a position . I just want to hear you all say it. MAYOR PACKER : I think he is happy to give it to the association . ASSISTANT MAYOR COHEN : But what does that gain us? It doesn 't gain us anything. MAYOR PACKER : As long as there is a resolution . COUNCILMAN GROISMAN: Exactly . I don 't 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 20 want it by itself. MAYOR PACKER: He has said free and clear. He's not asking for anything. ASSISTANT MAYOR COHEN: He said it on the dais. I want something in return. He absolutely said it . MAYOR PACKER: He has told me -- ASSISTANT MAYOR COHEN: He said that? COUNCILMAN GROISMAN: He wants a resolution of the lawsuit. ASSISTANT MAYOR COHEN: He doesn't give anything for free . COUNCILMAN GROISMAN: No one does. MR. WEISS: Here is the -- MR. GONZALEZ: Focus, focus, focus, guys. There is four of you here. He came here and offered to give it to the village. ASSISTANT MAYOR COHEN: For something in return. He said it clearly. MR. GONZALEZ: Exactly . I f you are better served and your interest is better for this community to have instead of the village own it , the civic association or some other third party entity that is the gated community, if you are comfortable with that, that is fine. I j ust want 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 2 5 800-726-7007 Page 21 to make sure that you al l are in agreement to that. When residents out there say, why didn't we ge t it, we can explain it . MAYOR PACKER: Tha t is out of our control. ASSISTANT MAYOR COHEN: It's out of our control. MR. GONZALEZ: No, no, but it's in the plat. MAYOR PACKER: So we have no control anyway. COUNCILMAN GROISMAN: I'm sorry to interrupt. Am I allowed to talk about , it's executive session , the issue of the gate park which is related to this? MR. WEISS: Part of the settlement, I got a couple of calls from Mark Fisher. This is who feels like he has a global solution . As I have told you a l l individual l y over the phone, we now own the gate park . We did it as a defensive matter. COUNCILMAN GROISMAN : Which has the same plat restrictions. MR. WEISS : Yes. In order to release the gate park for the whole village, we need to get 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 22 those restrictions lifted on the gate park. MR. GONZALEZ: It can be part of the settlement. MR. WEISS: Which is what we have been pursuing in the eminent domain matter we have been talking about . What Mark is suggesting --so in order to remove those restrictions, we need to have everybody who has those restrictions sign off. ASSISTANT MAYOR COHEN: A hundred percent. MR . WEISS: A hundred percent. ASSISTANT MAYOR COHEN: That is why I was jumping the gun. MR . WEISS: What Mark is saying, which does make some sense , if we get Imbesi to give the civic association the park --Imbesi is a whole other thing , what we do with Imbesi. The hundred people or 150 people that have already signed off with the civic association will sign off on release of restrictions on the gate park. ASSISTANT MAYOR COHEN : And the two troublemakers that don 't want to will sue because -- MR. WEISS: The other two people ASSISTANT MAYOR COHEN : I'm just making an 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 23 observation . MR . WEISS : I think, by the way, it's going to be if they give us , if there is 200 , if they give us 150, it's 150 less people that we have to deal with. There are still going to be fights and battles. COUNCILMAN GROISMAN : To be clear .because I live in the residence. We still haven 't got I told you people gave the money. We all gave the money , but we still haven 't gotten the documents to sign . So it 's a little bit still -- MR. GONZALEZ: Still in flux there . COUNCILMAN GROISMAN : --in flux . But the issue with the gate park, really , on the ownership is two things . Money . How much we would have to pay for it. Right? For everyone to use it , right? And green space . If this is part of a globa l resolution, the green space issue is minimized because the issue on lawsuit number two is the plat. If we resolve t he plat issue alongside the gate issue , then the green space thing is sort of -- ASSISTANT MAYOR COHEN : Is secondary . COUNCILMAN SANZ: Can I say something? I 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 24 never get a chance to say anything. COUNCILMAN GROISMAN : No , please. COUNCILMAN SANZ: Listen to me. We read the plat. Okay? The plat said the west side of the village. They should be told to everybody, you know. The west side doesn 't use, they can't go inside. Don't start trouble. Just leave it alone and let the west side with the rest of the people have the park. COUNCILMAN GROISMAN: Related to t hat , wasn 't there years ago before I was on the counci l some resolution allowing the west to go walk there. ASSISTANT MAYOR COHEN: They don't let them in. MR. WEISS: They don't let them in to walk. MAYOR PACKER: They are supposed to let them in to walk, not with the car. MR . GONZALEZ: They are supposed to. There have been instances where they -- COUNCILMAN SANZ : Down here people are complaining . ASSISTANT MAYOR COHEN: They don 't. COUNCILMAN GROISMAN: I see people in there that don't l i ve there . I don 't know where they V eritext 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 25 800-726-700 7 Page 25 come from . But if that is the law , I have to look at it. I just know as a resident, I remember h earing that . MAYOR PACKER : That was an ordinance that was absolutely reinforced . COUNCILMAN GROISMAN : Maybe we can just send a letter to the civic association saying remember this resolution . MR. WEISS : No , no , no . Remember , Kent Secur i ty works for us still . Our contract is with Kent Security . We need to send a message to Kent Security . People on the west side if they can show they live there, they should be allowed in . ASSISTANT MAYOR COHEN : Absolutely . COUNCILMAN GROISMAN : That is what I thought the status was because I was confused people saying -- COUNCILMAN SANZ: I t is , but once it comes out , it 's going to be ASSISTANT MAYOR COHEN : In t heory and in practice . When a person shows up there on the i r bike and doesn 't have their driver 's l icense , they can 't get in , and is really tough . That i s making a distinction between people who live there. COUNCILMAN GROISMAN : That is not true for Ve ri text Legal Solu t ions 305-37 6-8800 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 26 the residents because we g o through the resident 's lane . Our guy , t he security guys don 't know us . They know my parents because t hey have to wait in that l i ne . T h ey don 't know me. When I go home in an Uber or when I go for a ride in the morning , usually I schmooze my way from not showing an ID , but I have to give them my address and he looks it up on a little computer before he lets me in most of the t ime. MR. WEISS : Jaime , I want to make sure I understand what you are saying . COUNCILMAN GROISMAN : It doesn 't upset me , you know . MR . WEISS: Jaime, I want to make sure I understand what you are saying . Can you say it again so I understand? COUNCILMAN SANZ: I used to live in the gated community , yes, because it is part o f my district . Gabe is right . Sometimes if I came in in a taxi, he gave me a hard time . Now you are going to see a l ot of people walk in there, construction people , the maids and th i ngs like that . They have permission f r om the owners of the houses to get in. You have a lot of people , they don 't look too good walking back Verit ext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 800-72 6-7007 Page 27 there . I saw it many times . I went for a walk and I found al l these people . I said where the hell did these people come from. But when you see the residents in the west side , they try t o go in , they can 't get in. I thought once we start talking about all of this should we bring it out to the group to ma k e sure they get like some kind of idea or something because these people are going to start screaming. Well , wait a minu t e , you get this , but we can 't even walk there . COUNCILMAN GROISMAN: They can already walk in there. All we have to do is just enforce the laws we have. COUNCILMAN SANZ : Have some kind of ID . COUNCILMAN GROISMAN : If they have an ID , they can just bring their ID . ASSISTANT MAYOR COHEN : I dont ' understand. There is some distinct i on between the west side and the people inside? Isn 't it the same? Don 't they have to be part of this homeowners associat i on a l so? COUNCILMAN GROISMAN : There is a distinction, and the distinction is in the streets . Because t he streets ins i de --this is Veritext Legal Soluti ons 3 0 5-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800 -726-7007 Page 28 what we are all trying to fi x this issue that was se t up 50 years ago improperly. The streets was declared were owned by the homeowners until the middle of the street for the easements , et cetera . The compromise , as I understood it was before I was on the council , was to try to bridge that and find the middle ground , what do these people really want on the west. They want access to the green space . MR. WEISS : Pedestrian. COUNCILMAN GROISMAN : The pedestrian had to be able to walk their dogs and whatever on the green space . ASSISTANT MAYOR COHEN: Or throw a ball. COUNCILMAN GROISMAN: Yeah . I don 't think anyone has ever except there is one resident who plays baseball in the middle . Nobody else touches that space . MR. WEISS : That was supposed to be happening. COUNCILMAN GROIS MAN : Right . So al l we have to do is enforce that separate and a p art . I'm glad you brought it up and we are talk i ng about that. MR . SEROTA : So this would all be part of Veritext Legal Solutions 305-3 76-8800 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 29 the g l obal . COUNCI LMAN SANZ : Eve r ything. ASSISTANT MAYO R CO HEN : We haven 't gone ove r the fine points . MR . WEISS : The big point that we are conce r ned about -- MR . GONZALEZ : Who wants to own the park, the green space . ASSISTANT MAYOR COHEN: But that is not promot i ng anything . We haven 't talked about Joe Imbesi is going to ask for something back . COUNCILMAN GROISMAN : Exac t ly . MR . GONZA L EZ : I want to h ear . COUNCILMAN GRO I SMAN: What woul d you like to resolve the case? T hen they are going to come back. They wanted to come here , I guess , for authority to speak with these guys. ASSISTANT MAYOR COHEN : So what do you think he 's going to ask? I would like to know . MAYOR PACK E R : He wants to run the p l ace the way he has been running i t. COUN CILMAN GRO I SMAN: He wants to do whatever he wants . MAYOR PACK E R : He wants to r u n the place. Veritext L egal So lutions 305-3 76-8800 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 30 ASSISTANT MAYOR COHEN: Then this subject might be moot. MR . WEISS: We have to see what he asks . ASSISTANT MAYOR COHEN: Using that as a bargaining tool . COUNCILMAN GROISMAN: He also has a new plan , which we heard them mention once here in off the council , before I was on. Once they build their house, their plan to condominiumize the slips , sel l t he slips and get out . You have heard that too. That is what they are saying. So , rea l ly, their plan, it may be d i fferent now . Also, the fact that they are planning to actually build homes on part of this parcel, the question of the plat really has to do with the slips that are behind it, et cetera, but the fact that they want to build homes there really aligns them, should align them with everyone else in the gated community because all the issues that we have with how they run their marina , the people that are going to have the biggest issues with that are the people that are selling their homes on the marina. I f they are having parties at 3:00 in the morning, like I had t o call the police three weeks ago 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 31 because of one, literally next door to a ten million dollar home or more . Those people are going to go nuts . They are not going to buy it when they come visit and they see. So there may be some alignment. If this were a private case between two private entities, t his thing would have settled eight months ago, but because of the complexities of our council and the difficulties with the party on the other side, it's getting drawn out, but I think maybe because this is where I started, because they have these parks, they feel that they have some leverage . Great. Let them feel that. ASSISTANT MAYOR COHEN: What leverage? I still don't see the value, what the value to the council and the general village represents . MR. WEISS: They perceive COUNCILMAN GROISMA N: You are right. They feel it . It's a perception. MR. WEISS: I don't think it matters to anybody whether Miami Beach Heights, Joe Imbesi or Santa Claus owns those parks . ASSISTANT MAYOR COHEN : Exactly . I can 't connect the dots. MR. WEISS: They feel like it does. 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 32 COUNCI LMAN GROISMAN : Which is great . Let them feel it . Maybe it d oes . MR . GONZALEZ : I think in part they are th i n k i n g that if t h e r e is an issue with the green space, we solve the green spa ce issue. They give it to the village , t here you go , now the r e is no question and we need the green space . COUNCILMAN GROISMAN : It solves the green space count . ASS I S TANT MAYO R COHEN : Not really . If it 's a p rivate community , it doesn 't do a n ything for us. MR . WEISS : It 's a p r i vate community , yes . COUNCILMAN GROISMAN : It doesn 't realistically . MR . GONZALEZ : That is why he is offering it to us. He hasn 't offered it to the civic association . COUNC I LMAN GROISMAN : He is offering it for the p l at . ASSISTAN T MAYOR COHEN : So he might get an unpleasant surpris~ when we say thank you, but no thank you . COUNCILMAN GROIS MAN : No, it 's not unpleasant . 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 -72 6-70 07 Page 33 MAYOR PACKER : I believe he knows that . MR. WEISS: I think the big point is that normally --the thing that we want to be very clear about is normally when a city gets offered property, it 's unusual for that city t o turn it down. In this particular case , what we are concerned about is that we wanted to make sure that you guys were okay with us basically turning it down and doing something else with it , and when the public came up and said , you were offered the park , why didn 't you take it , blah , blah , blah , we wanted to make sure you guys were okay with that. ASSISTANT MAYOR COHEN : The next step is for you to listen to what they have to say and after that we reconvene. MR . SEROTA : Do you want to have a liaison council person with us? COUNCILMAN GROISMAN: I don't want to be there . MR . GONZALE Z: No . I think it just should be staff . COUNCILMAN GROISMAN : For the same reason because if there is some emotional attack against me, it 's not going to help the village . ASSISTANT MAYOR COHEN : You don 't want Ver itext Legal So lution s 305 -3 76 -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 34 anybody there. MR. GONZALEZ: It either is going to work or it's not going to work. ASSISTANT MAYOR COHEN: Exactly . COUNCILMAN GROISMAN : Keep it professional and it comes back to us. MR. WEISS : Did you bring your statement with you? MR. SEROTA: I'll go get it. ASSISTANT MAYOR COHEN : Negotiate with us so they can drop the lawsuit . Ultimately, that is it. MR. GONZALEZ: I suspect that. He didn't say it outright . He says free and clear, but I suspect tha t there is something else up . MAYOR PACKER: It's okay to be free and clear because there 's no strings attached . COUNCILMAN GROISMAN: Is there anything left? Can I open door? I really have to leave . MR. WEISS: Go . We are done. Open the door. Joe , open the door. ASSISTANT MAYOR COHEN: This meeting is concluded. All those who were excluded before can come back into the meeting . Veritext Legal Solutions 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 Page 35 The meeting is now adjourned. (Thereupon, the proceedings were adjourned at 10:53 a.m .) C E R T I F I C A T E I, Mary G. Stephenson , FPR, State of Florida at Large, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes, Dated this 17th day of October, 2016 . Mary G. Stephenson, FPR Veritext Legal Solutions 800-726-7007 305-376-8800 (& -business) & a & 2 :11 t------=-:....::....:... ___ _J a.m. 1 :20,20 3 5 :3 lr __ __:::_l ___ _j ability 7:2 I 100 17:21 able 28:12 10:20 1 :20 3 :24 absolutely 20:5 10:53 1 :20 35 :3 25 :5,14 120 17:23 19:2 accept . 8:21 13 :6 140 19:2 access 28:8 15-6568 1:15 4 :5 accounting 6:16 150 19 :2 22:18 23 :4 9:5,6 23:4 acquired 10:22 . 17 6: 14 acquisition 11 :9 1 17th 35:17 action 5:18,1911:7 11 1_8--'-0---=-17:...::2=-=3'.___ ____ _J activities 8 : 1 o, 1 1 2 address 26:7 '-2=-=0-0--23-:3_::_ _____ _J adjourned 35 :1,2 2013 9 :2 agenda 13:2 2015 6 :14 ago 6 :318:924:11 2016 1:1935:17 28:230:2531:7 24 16:17 agree 12:113:10 17:4 . 286.011 4 ·1 1r---==--:.:..:· ~----_J agreement 15:14 ______ _:3:_ _____ _J 21: 1 3,000 17 :20,21,24 ahead 5:22 18:17 air 13:10 30 1:1 5,19 4 :5,7 al 1:13 305 1 :25 2 :25 align 3 0 : 19 33154 1:19 alignment 31:5 3:00 30:24 aligns 30: 18 ---'----=:..::..:=:4:..:. _____ _j! allowed 21: 13 444-7331 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27:22 32:18 biggest 30:22 assume 11 :3 bike 25:22 attached 34:17 bit 16:2,3,23 23:11 attack 33:23 blah 16:14,14,14 attendance 4:8 33 :11,11,11 attorney 1 :8 2: 10 blood 16:23 3:5,25 6:10 boniske 2:11 attorneys 4:13 books 6: 16 ,25 authority 29:17 breaks 8:4 authorization bridge 28 :6 11: 14 16:20 17:3 brief 5:8 ,25 authorize 11:10 bring 15:20 27:7,17 1 authorized 12:10 34:7 35:12 brought 28:23 available 6:18 build 30:8,14,18 business 14:2 Veritext Legal Solutions 800-726-7007 305-376-8800 [buy -deposition] _b_u__.._1v_3_1 :-=--3 ___ -J club 1: 13 4 :3 5: 11 completely 10:8 complexities 31:8 compliant 7:9 complied 6:4,8 compromise 28:5 computer 26:8 concerned 29:6 C C 35:7,7 ca 1:154:5 call 3:4,8,10,11 5:21 30:25 calling 3:2 9:24 calls 21: 17 canceled 9:23,25 car 24:18 care 14:18 careful 14:3 carry 14:14 I case 1:15 4:4,25 5:3 5:11,12,13,16 6 :1 8:1 10:1,2,9,11 11:4,5 ,23,24 16:12 29:15 3 1:6 33:6 cases 5: 11 11 : 14 certified 4 : 15 certify 35:12 cetera 28:4 30: 17 chance 24:1 change 15:6 changed 10:20 city 6:9 14:9,11 33:4,5 civic 17 : 11 ,17 18 :1 1 19:7 20:23 22:16,19 25:7 32:17 claus 31:22 clear 8 :3 11:2 19:5 20:2 23:7 33:4 34:14,17 clearly 17:7 20:19 clerk 2:14 3:11 ,15 3:17,19,22 client 1 :8 3:5,25 close 17:10 800-726-7007 5:16 6:3,7,17 7:15 8:10,20 9:2 16:3 club's 7:24,25 code 7:9 12:13 cohen 2:3 3:15,16 4:9 11:15 12:2,18 12:22 13:14 16:9 18:12,25 19:8,14 19:21 20:4,8,11,18 21:6 22:10,12,21 22:25 23:24 24:14 24:23 25:14,20 27:18 28:14 29:3,9 29: 19 30: 1,4 31: 14 31:23 32:10,21 33:13,25 34:4,10 34:23 cole 2:11 come 7:23 10:17 11:5 12:1115:14 19:14,15 25:1 27:3 29:16,17 31:4 34:25 comes 25:18 34:6 comfortable 20:25 coming 19:13 commend 15:1 comments 8:3 11:17 commercial 6:7 commitment 17:22 community 10:23 14:8,16 15:3 20:22 20:24 26: 18 30:20 32:11,13 compel 7:17,18 9:1 9:15 18:16 complaining 24:22 complete 35:14 33:7 concerns 8:19 concluded 34:24 conclusion 4:15 condominiumize 30:9 conference 4 :22 confirm 17:16 conflict 1 7: 14 confused 25:16 connect 31 :24 considerably 8: 1 consistently 15: 1,2 construction 26:22 contract 17:22,24 25:10 control 21:5,7,10 conversation 11 :6 conversations 11:1113:715:25 correct 11 :20 14:4 council 11:717:14 19:11 24:11 28:6 30:8 31:8,16 33:17 councilman 3: 17 3:18,19,20,21 5: 15 5:18 7:3 8:2,7 9:19 11:17,2112:4,20 13:8,11,16 14:7,12 14:19,22 15:17,21 17:10 18 :24 19:3 19:25 20:9,13 21:12,22 23:7,13 23:25 24:2,3,1 0 ,21 Veritext Legal Solutions Page 37 24:24 25:6,15,18 25:25 26:12,17 27: 12,15,16,23 28:11,15,21 29:2 29: 12 , 14,23 30:6 31:18 32:1,8,14,19 32:24 33:18,22 34:5,18 councilmember 4:9 4:10,11 councilmembers 2:2 count 32:9 counterclaimed 7:10 counteroffer 13:5 couple 21 :17 course 15:19 court 4:15 7:8,12 9:18,22 court's 9:15 creating 15:9 criteria 8: 12 critical 9:3 d dais 20:5 danie 2:15 dated · 35: 17 day 13 :1835:17 deal 12:10 15: 18,22 23:5 dee 5:18,19 decision 6:14 7:8 declaratory 5:1,17 6:1,20 7:7,10 10:7 declared 28:3 defended 8:2 defensive 21 :20 delay 16:17 deposition 8:3 305-376-8800 [depositions -gonzalez] depositions 7:14,22 e facts 6:13 8:8,9 15:25 1--------feel 14:2 15:23 e 35:7,7 described 10:7 easements 28:4 31 :12,13,19,25 designated 6:7 effort lJ:lJ 32:2 determine 6:4 7:12 eight 31 :7 feelings 14 :1 develop 13 3 either 34 :2 feels 21 18 difference 14:10 fights 23:5 eminent 22:5 different 10:6,8,1 0 emotional 33 :23 filed 9:1 13:1 30:13 enforce 27:13 financial 9:2 difficulties 31 :9 28 :22 find 28:7 difficulty 9 :16 entered 6 :22 fine 14:l 20:25 direction 11 :8 29:4 enterprises 4:3 discovered 7:21 enthusiasm 8 :1,5 first 5:2 11:4 19:4,4 discovery 7: 13 entities 31 :6 fisher 21: 17 discuss 5:210:12 entity 20:24 fix 11:2328:1 discussed 4:16 esq 2 :12 ,12 flamingo 4:3 10:13 13:4 floating 13:9 estimated 4:6 discussion 15 :1 6 et l:1328:430:17 florida 1:19,244:1 distinction 25:24 everybody 22 :8 5:3,5 35: 11 27:19,24,24 24 :5 flux 23:12,13 distribution 8:18 evidence 6 :l0 focus 20:15,15 ,15 9:4 exact 3:7,9 following 3:1 4:7 district 6:7 26:19 exactly 14 :23 19 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