HomeMy Public PortalAbout2016-09-30 AttorneyClient In The Matter Of Bal Harbour Yacht Club CASE 15-6568CA301
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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
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1 APPEARANCES:
2 COUNCILMEMBERS:
3 MARTIN PACKER, MAYOR
PATRICIA COHEN, ASSISTANT MAYOR
4 GABRIEL GROISMAN
JAIME M. SANZ
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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
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(Present during public session only.)
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TAYLOR REESE AND ASSOCIATES, INC.
(305) 444 -7331
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Thereupo n, the following proceedings were had:
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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
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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
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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
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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
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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
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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
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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
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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
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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 .
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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 .
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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 .
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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 .
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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
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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 .
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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
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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 :25 foregoing 35:13
document 7:16 20:20 29:12 31 :23 forget 19:10
documents 7:14,22 34:4 forming 17:16
9:2,5,7 18:2,6 examined 6 :2 forward 16:18 18:3
23: 10 example 13: 1 fought 16:6
dogs 28:12 excluded 34 :24 found 7:21 8:8,9
doing 9:13 14:24 exclusive 15:5 27:2
33:9 18:l0 four 20:16
dollar 31:2 executive 3 :ll fpr 1:2335:11,21
domain 22:5 l0:l 7 15 :15 21 :14 free 11:2 20:2,12
door 31:1 34:19,21 existing 6 :4 34:14,16
34 =22 expenditures 5:5 friday l:l9
dots 31 :24 expenses 13 :23 friendly 10 :25
drawn 31:10 explain 21 :4 future 7:19
driver's 25:22 g
drop 34:11 f
f 12 :16 35:7 g 1:23 35:11,21
dwight 2: 15 gabe 26: 19
fact 12 :1 4 30:14,17
gabriel 2:4 4:9
Veritext Legal Solutions
800-726-7007
Page 38
gain 19:22,22
gate 21: 14,20,25
22:1,20 23:14,22
gated 10:23 14:8,16
15:3 20:24 26:18
30 19
general 3 1: 16
getting 31:10
give 5:7 17:4 18:17
18:22 19:19 20:11
20:17 22:15 23:3,4
26:7 32:5
given 11 :6 18:5,10
giving 9:12 15:24
16:16 19:17
glad 28:23
glitch 16:12
global 11:22 12:6
13:12 17:5 19:12
21:18 23:19 29:1
go 5:22 15:17 17:3
24:7,12 26:1,4,5
27:5 31:3 32:6 34:9
34:20
going 4:20 5:7,10
11 :18,19,25 13:11
13:14,22 15:7,9,11
16:7,21,22 17:3
23:2,5 25:19 26:21
27:9 29: 11,16,20
30:22 31:3,3 33:24
34:2,3
gonzalez 2:8 4 : 12
10:19 11:20 12:1
12:24 13:9 14:20
15:19 17:219:10
19: 17 20: 15,20
21 :8 22:2 23:12
24:19 29:7,13 32:3
32:16 33:20 34:2
34:13
305-376-8800
I
[good -look}
good 13:19,20,24
14:2 26:25
gotten 23: 10
great 14:2 31:13
32:1
green 23 :1 8,19,22
28:9,13 29:8 32:4,5
32:7,8
groisman 2:4 3:17
3:18 4: 10 5:15,18
7:3 8 :2,7 9:19
11:17,21 12:4,20
13:8,11,16 14:7,12
14:19,22 15:17,2 1
17:10 )8:2419:3
19:25 20:9,13
21:12,22 23:7,13
24:2,10,24 25:6,15
25:25 26: 12 27: 12
27:16,23 28:11,15
28:21 29:12,14,23
30:6 31:18 32:1,8
32:14,19,24 33:18
33:22 34:5,18
ground 28:7
group 15:1 27:7
guess 29:17
gun 22:13
guy 26:2
guys 12 :10 20:15
26:2 29:18 33:8,12
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I h 4:13
I
half 6:3
hall 1 :1 8
happen 13:22 17:8
happened 8:24
happening 28:20
happens 8:15
happy 13:25 19:19
800-726-7007
Page 39
harbour 1 :6, 13, 14 inside 10:22 24:7 I knows 33:1
1:18,19 4:2,4 27:20,25 I
hard 16 :16 26:20 instances 24:20 land 11:12 18:22
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heard 11:430:7,11 interrupt 21:13 lane 26:2
hearing 7:19 25:3 investigation 6:15 large 35:12
heights 31 :21 involved 7: 13 8: 11 law 25: 1
helfman 2:1117:1 involves 10:9 laws 27:14
bell 27:3 issue l l:24 15 :2 lawsuit 20:10 23:20
help 33:24 17:9 ,1121:14 34:11
helpful 17:2 23:14,19,20,21,22 lawyer 16:15
high 8:17 28:1 32:4,5 lawyers 12 :10 18:1
boa 17:1718:2,5,6 issues 13:2315:9 leave 4:1924:7
home 26:4 31 :2 30:20,22 34: 19
homeowners 17:12 j left 4:10,11 5:23
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homes 17:21,23 26:10,14 legal 19:1
19:2,2,2 30:15,18 jay 2:12 4:13 legalities 19:11
30:23 joe 15:24 16:22,25 letter 10:24,25 25:7
hour 16:17 29:10 31:21 34:22 leverage 12:3,4
house 17:2030:9 jorge 2:84:12 18:1431:12,1 4
houses 26:24 12:11,15 16:20 liaison 33:16
hundred 19:9 joseph 2 :1 2 4:13 license 25:22
~-22_: 1_0_,_, 1_1-'-, 1_7 __ 7 judge 9: 19 ,2 1 lifted 22: 1
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idea 27:8 6:1,20 7:7,11 10:7 lindsey 9:21
imbesi 10:25 16:24 jumping 14:23 line 26:4
22:15,16,1729:11 22:13 listen 24:333:14
31:21 k lit 18:13
imbesis 14:8 18:24 literally 31:1 keep 5:1113:22
important 11: 10 34:5 litigate 16:5
14:5 litigation 4:2,16 5:4
28 2 kent 25:9,11,11 10:6 13 :19 16:4 improperly : kidding 16:10
incorporated 4 :3 little 16:23 23: 11 kind 10:16,19,20 26 8 indicate 16 : 1 :
13:9 27:8,15 1· 23 8 24 25 individually 21 : 19 1ve : : know 4:23 5:1 individuals 4:18 25:13,24 26:17 10:16 16:2,3,8,15 ll 4 4 information 6: 16 c :
17:8 24:6,25 25:2 J • 19 23
6:25 7:23 8 :24,25 26:2,3,4,13 29:20 lonkg 6 2: 1 12 6
9:1 00 : :
I 11:21 25:1 26:25
V e ritext Legal Solutions
305-376-8800
[looked -pedestrian]
looked 9 :4
looking 6:14
looks 8:1 7 26:7
lose 12 :2,4
losing 8:4 11 :25
lot 6:24 26:21 ,24
m
m 2:4,8
maids 26:22
making 22:25
25 :23
manager 2:7 4:12
manner 6 :19
march 6 :14
marina 6:11 13:3
I 30:21 ,23
mark 17 :24 21:17
22 :6 ,14
martin 2:3
mary 1:23 35:11,21
matter 1:13 14:8
21 :2122:5
matters 31 :20
mayor 2:3,3 3:2,8
3:10,13 ,14,15 ,16
3:23 4:9 5:21,23
6:22 11:15 12:2,18
12:22 13:14 14:10
14:13,17 16:9
18 : 12,25 19:8,14
19: 19,21 ,23 20:2,4
20:7 ,8,11 ,18 21 :5,6
21: 10 22:10,12,21
22:25 23 :24 24:14
24: 17,23 25:4,14
I
25 :20 27:18 28:14
29:3 ,9,19,21 ,25
30:1 ,4 31:14,23
32: 10,21 33 :1,13
33:25 34:4,10,16
34:23
800-726-7007
means 14 :15,19 new 14 :13 17:16
meeting 3:2 4:8 30:6
10:21 11 :6 34:23 noncommercial
34:25 35 :1 6:12
member 18 :5 nonprofit 8 :15
membership 8:12 normally 16:14
8:23 9: 1 33 :3,4
mention 30:7 notary 1 :23
Page 40
owned 28:3
owners 26:24
ownership 11: 12
15:4 23:15
owns 14:9,11 15 :1 0
31:22
p
p.a. 2:11
message 25:11 notes 35:15 I
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moment 7 :6 october 35·.17 'd 8 13 15 16
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morning 26:5 okay 10:10 14:19 29:7 33:11
30:24 24:4 33:8,12 34: 16
motion 7:16,18 9:1 once 2 5 :18 27 :6
9:8,14 30:7,8
move 4 :20 13:25 open l0:22 12 :7 16:18 18 :3 18:20 34:19,20,22 moved 9 :23 operation 6: 11
municipality 13 :21 opinion 6:9 7:7,25
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named 4 :18 18:13,14,18
need 8:25 18 :21 order 3:3 18:15
21 :25 22:7 25:11 21:24 22:7 I 32:7 ordinance 13:2
needed 6:1 5,24 25:4
negotiate 11:1 organized 8:10
12:16 34:10 outright 34:14
negotiating 12:8 outside 15 :3
never 12 :14,24 overall 10: 14
24:1 overview 5:8
Veritext Legal Solutions
parks 10:22 13 :24
14 :7 15:4 17:9,10 I
18 :19 31 :12 ,22
part 4: 17 8:5 11 :5
19:12 21:16 22:2
23:18 26:18 27:21
28:25 30:15 32:3
particular 33:6
parties 30:24
party 20:23 31 :9
pastoriza 2 :11
patricia 2:3 4:9
16:7
pay 15:11 23 :16
paying 7:1 8:18
13:22 15:12
pedestrian 28: 10
28:11
305-376-8800
[pending -salariesj
pending 9:8
people 4:7,23 8 :21
8 :21 ,22 10:9 14:22
15:5,9,1117:23
18:16,18 19:5
22:18,18,24 23:4,9
24:9,21,24 25:12
25: 17,24 26:21 ,22
26:25 27:2,3,9,20
2 8:8 30:21 ,23 31 :2
1 perceive 31 : 17
I
perceives 16:24
percent 19:9 22: 10
22:11
perception 31 : 19
1 permission 2 6:23
person 25:21 33 :17
, phone 21:19
I piecemealing 13: 15
place 29:2 1,2 5
plan 30:7,9,13
planning 30: 14
plat 10 :2 ,8 11 :4
14:13,2 1,22 15:6
15:11 16:12 18:10
21:9,23 23:21 ,21
2 4 :4,4 30:16 32 :20
plays 28:17
I please 3:4,7 14:4
24:2
plenty 12: 11
point 13:5 14:23
16:19 29:5 33:2
pointed 8:7
pointless 13 : 13
points 29:4
police 30:25
policy 15:7
position 19:1 7
possibility 10:5
800-726-7007
potential 11 :9
potentially 18: 19
practice 25 :21
present 2: 16
pretty 8:17 14:25
15:1
private 6:7 31 :6,6
32:1 1,13
problem 16:15
procedural 9: 11
proceedings 3:1
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produced 9:7
professional 34:5
profit 8: 18
promoting 29: l 0
raises 7:23
reaching 12 :8
read 3:6,7 24:3
readily 6: 18
real 8:12
realistically 32:15
realized 8 :25
really 6:6 8:11,13
8:20 9:8,16,25
11:14 15:8 18 :18
23 :14 25 :23 28:8
30:12,16,18 32:10
34:19
reason 33:22
I reasonable 12: 12
12:13
Page 41
reporter 4: 15
represents 31:16
request 7: 13 ,16
residence 23:8
resident 25 :2 28:16
resident's 26: 1
residents 14: 15
21:3 26:1 27:4
resisted 7: 15
resolution 11 :22,23
12:6,8 19:24 20:9
23:19 24:12 25:8
resolve 11:12 18 :20
23:21 29:15
resolved 5: 12 11: 18
11:19
proper 7: 12 18:23 recall 5 :7 I responding 16: 17
properties 11:2 received 10:24 rest 24:8
18 :9 reconstituted 17 : 17 restrictions 14: 14
property 10:10 reconvene 33:15 21:23 22:1 ,7,8,20
11 :24 15:24 33 :5 reconvened 4:21 return 20:5 ,19
proposal 12 :25,25 record 4 :17 35:14 reversing 15 :7
proud 13:25 recorded 4:14 review 8:21
provided 6 :9 records 6:16,1 -7,19 richard 2:12 4:13
public 1:24 2:16 6 :25 9:6,6,12 10: 13 14:3
4:17 5:14 18:20 reese 1:25 2:25 ride 26:5
33: 10 regarding 4:2 9:2 right 4:23 9:8, 16
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pursuing 22:5 regards 13:16 15 :1 5 18:13 19:6
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question 6 :6 17:8 reject 8:21 room 4: 19,22 5:23
30:15 32:7 rejected 8:22 13:4 6:22
related 2 1:15 24:10 run 29:21 ,25 30:2 1 questions 7 :24
release 21 :24 22:20 runnin~ 19:6 29:22
quicker 17:18 remember 6:23
quorum 3:22 5:24
8:22 25:2,8,9
f--___ r ___ -1 remove 22:7
r 35 :7 report 35: 13
Veritext Legal Solutions
s
s 2:15
salaries 7 :1 8:15,16
8:17,18
305-376-8800
I
[salver -think]
salver 3:19 4:11
santa 31:22
sanz 2:4 3:20,21
4: 12 23:25 24:3,21
25:18 26:17 27:15
29:2
sat 12:9,9
saw 27:1
saying 12 :16 22:14
25:7,17 26:11,15
30:12
says 34:14
scare 18:18
schedule 9:15
scheduled 9: 17
10:15
schmooze 26:6
screaming 27:9
script 3:7,9
second 5:9 10 :15
secondary 23:24
secretary 16:13
security 25 :10,11
25:12 26:2
see 9:24 17:7 24:24
26:21 27:4 30:3
31:4,15
1
seeking 7:8,11
sell 30:10
selling 30:23
send 25:7,11
sense 10:3 15:13
18:4 ,7 22:15
sent 13 :5
separate 5:11 15:2
28:22
september 1: 19
serious 16:10,11
serota 2:11,12 4:13
4:23 5: 17,20,24 7:6
9:14,21 15:24
800-726-7007
16 :17 28:25 33:16
34:9
served 20:21
session 1:8 2:16 3:5
3:12 4:1,6,2110:12
10:1721:14
set 28:2
seth 4:10
setting 9 :16
settle 10:14 11:15
settled 31 :7
settlement 5:4 10:5
11:13 13:12 15:14
17:5 19:12 21:16
22:3
show 17:22 25:13
showing 26:6
shows 25:21
side 14:20 24:4,6,8
25 :12 27:5,19 31:9
sign 15:18 22:8,19
23:11
signature 35:20
signed 22: 18
significant 17: 19
similar 12: 17
single 16:5
sit 10 :25 12:14,25
slips 3 0:10,10 ,16
social 8:11
sole 15:5
solution 21: 18
solve 32:5
solves 32:8
sorry 21 :1 2
sort 6:24 23 :23
sorts 13 :5
space 13:17 23:18
23:19,22 28:9,13
28:18 29:8 32:5,5,7
32:9
spaces 10 :22
speak 29:18
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specifics 15: 13
spring 9:17
staff 14:25 33:21
start 5:10 13:15
24 :7 27:6,9
started 13:8 31:11
state 1:24 35.:11
statement 34:7
status 5:3 25:16
statute 4:1 5:4,5
6:8
stenographic 3 5: 15
stenographically
35:13
step 33:13
stephenson 1 :23
35: 11,21
steve 17:1
stop 5:9 6:23
street 1: 18 28:4
streets 27:25,25
28:2
stressed 4:24
strings 34: 17
stuck 6:24
styled 4:2
subject 30:1
substance 10: 18
successful 7: 17
sue 22:22
sued 7:3,5 12:20
suggesting 22:6
supposed 8:14
24:17,19 28 :19
sure 18:7 21:1
26:10,14 27:7 33:7
33:12
Veritext Legal Solutions
Page 42
surprise 32:22
surprising 9: 13 I surprisingly 7: 15
9:10
suspect 13:10
34:13,15
t
t 35:7,7
table 17:7
take 5:21 11 :7
I
14:18 18 :15 33:11 I
taken 1 :23 7: 14
takes 15:4
talk 10:2,4 11 :22
15:13 21:13
talked 29: 10
talking 5:10 10:4
17:19 22:6 27:6
28:23
taxi 26:20
, taylor 1 :25 2:25
tell 7:1110:19
ten 31:1
terms 4:24 7:21
12:12 16:3
testified 8:6
testimony 8:5
thank 3:23 32:22
32:23
theory 25:20
thing 3:6 7:11 9:11
11:18,25 13:24
16 :5,14 22:17
23:23 31:7 33:3
things 12: 13 13:6,7
16:8 19 :4 23 :15
26:23
think 13:17,21 16 :2
16:4,21,23 17 :4,19
17 :20,23 18:6, 12
18:2119:4,19 23:2
305-376-8800
[ think -zoning]
31:20 32:3 33 :2,20 walking 26:25
thinking 32:4 1 --___::u ___ _J waned 8 : 1
third 20:23 uber 26:5 want 5:13 10:4,14
thought 17 :11 ultimately 11:11 13:12,1816:19,20
25:16 27:6 34:11 17:7 18:15 19:8,18
three 30:25 unaware 12:19 20:1,5,25 22:22
throw 28: 14 uncertainty 13:20 26:10,14 28:8,8
time J :23 4: 19,24 underlying 9:5,7 29:13 30:17 33:3
10:16,20,24 12 :9 understand 9:3 33:16,18,25
12:1513:2 16:16 26:11,15,16 27:18 wanted 12:1 4
28:15 29:20 31:10 tvue 11:21
Page 43
y
yacht 1:134:25:l0
5 :16 6:2,17 7:15,24
7:25 9:2 16 :3
yeah 28:15
year 6:3 8: 13,17
9:3 15:2
years 14:24 15 :8
18:8 24:11 28:2
york 14:13
26:9,20 understood 28:5 29:17 33 :7,12
times 12:9,21 27:l unpleasant 32:22 wanting 10 :25 z
tired 16:1 32:25 wants 20:9 29:7,21 zoning 6:5
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12:22 17:12,24 upset 26:12 way 4:3 12:5 15:21
20:721:1923:9 urgency 10:20 16:4,21 17:15 23 :2
24:5 use 6:2,6 7:9,12,24 26:6 29:22
tool 30:5 15:5 18: 10,14 weeks 30:25
touches 28:17 23:17 24:6 weiss 2:11,12 3:6,9
tough 25:23 usual 9:23 4:13 ,20 5:9,19 6:23
transaction 14:1 4 usually 26:6 7:4 9:10 14:6,21
transcript 4 :16 v 15:16,23 16:11,19
35:14 V 1:13 20:14 2}:16,24
transcripts 5: 13 value 31: 15, 15 22 :4, 11 , 14,24 23 :2
transfer 11:1 ,8,9 versus 4 :4 24:16 25:9 26:10
trouble 24:7 view lO:l4 26:14 28:10,19
troublemakers village l:6,14 ,18 29:5 30:3 31:17,20
22:22 2:7,10,14 4:4,11,12 31:25 32:13 33:2
I
true 25:25 35:14 4:12 6:2,18 11:2 34:7,20
try 10:14 11:23 15:4,10 19:13,15 went 19:13 27:1
I 15:216:2427:5 19:1620:17,22 west 14:2024:4,6,8
28:6 21:25 24:5 31:16 24:12 25:12 27:4
trying 7:19 15:8 32:6 33:24 27:19 28:8 I
16:1828:1 visit 31 :4 willing 18:1719:11
turn 33:5 ,-----'-'------=--::..:...:_ ___ _J wish 11:10
turning 33:8 -~ _ _:_w.:_ __ _J work 34:2,3
two 10:5 14:24 15:8 wait 26:3 27:10 worked 9:4
19:4 22:21,24 waiver 10:8 works 18:7 25:10
23:15,20 31:6 walk 24:12,16,18 wrong 14:4 18:15 ,
26:22 27:1,11,12
28:12
Veritext Legal Solutions
800-726-7007 305-376-8800
i