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HomeMy Public PortalAbout2016-12-07 AttorneyClient In The Matter Of Bal Harbour Yacht Club - CASE 15-6568CA30Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 BAL HARBOUR VILLAGE ATTORNEY/CLIENT SESSION ORIGINAL IN THE MATTER OF BAL HARBOUR YACHT CLUB, INC., et al v. 14 BAL HARBOUR VILLAGE 15 CASE NUMBER: 15-6568 CA 30 16 17 18 19 20 21 22 23 24 25 BAL HARBOUR VILLAGE HALL 655 96th STREET BAL HARBOUR, FLORIDA 33154 WEDNESDAY, DECEMBER 7, 2016 7:35 p.m. - 8:49 p.m. Taken before Mary G. Stephenson, FPR, Notary Public for the State of Florida Veritext Legal Solutions 800-726-7007 305-376-8800 Page 2 1 2 3 4 5 6 7 8 9 10 11 APPEARANCES: COUNCILMEMBERS: GABRIEL GROISMAN, MAYOR SETH E. SALVER, ASSISTANT MAYOR DAVID ALBAUM, COUNCILMAN PATRICIA COHEN, COUNCILWOMAN JEFFREY FREIMARK, COUNCILMAN VILLAGE MANAGER: JORGE M. GONZALEZ VILLAGE ATTORNEY: WEISS SEROTA HELFMAN 12 PASTORIZA COLE & BONISKE, P.A. BY: RICHARD JAY WEISS, ESQ. 13 JOSEPH SEROTA, ESQ. SUSAN TREVARTHEN, ESQ. 14 ='5 16 17 18 19 20 21 22 23 24 25 VILLAGE CLERK: DWIGHT S. DANIE (Present only during public session.) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 3 1 Thereupon, the following proceedings were had: 2 MAYOR GROISMAN: Good evening. I'm calling 3 this meeting to order. 4 Get a roll call. 5 MR. DANIE: Yes. Roll Call. 6 Mayor Groisman. 7 MAYOR GROISMAN: Here. 8 MR. DANIE: Assistant Mayor Salver. 9 ASSISTANT MAYOR SALVER: Here. 10 MR. DANIE: Councilman Albaum. 11 COUNCILMAN ALBAUM: Yes. 12 MR. DANIE: Councilwoman Cohen. 13 COUNCILWOMAN COHEN: Here. 14 MR. DANIE: Councilman Freimark. 15 COUNCILMAN FREIMARK: Here. 16 MR. DANIE: We have a quorum. 17 MAYOR GROISMAN: The time is now 7:35 p.m. 18 We are about to have an attorney/client session in 19 accordance with Florida Statute 286.011 regarding 20 the litigation styled Bal Harbour Yacht Club, 21 Inc., and Flamingo Way Enterprises, LLC versus Bal 22 Harbour Village, Case Number 15-6568 CA 30. 23 The session is estimated to last about 24 30 minutes and the following people will be in 25 attendance at this meeting: Myself, Mayor Gabriel Veritext Legal Solutions 800-726-7007 305-376-8800 Page 4 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 Groisman, Assistant Maycr Seth Salver, Councilmember Jeff Freimark, Councilmember David Albaum, Councilwoman Patricia Cohen, Village Manager Jorge Gonzalez, and three of our village attorneys, Richard Weiss, Joe Serota, and Susan Trevarthen. The proceedings will be recorded by a certified court reporter who is here with us and, at the conclusion of all litigation discussed, the transcript will be made part of the public record. All those individuals who I have not named should leave the room at this time. (Thereupon, Mr. Danie left the room.) MR. WEISS: Just for purposes of clarification, we are going to have three separate executive sessions tonight. We don't have to move, but we have to go through the formalities because if we combine them together, even though they are sort of related, at the end of the litigation, the transcript becomes public and it is possible that one of the pieces of litigation gets settled and the other one doesn't. So, therefore, we wouldn't want what we say about one case to then become public. So on the -- I'm going to call it the yacht club Veritext Legal Solutions 800-726-7007 305-376-8800 Page 5 1 platting issues, we are going to have two separate 2 executive sessions dealing with that so that we 3 don't end up with that problem. 4 So you read the title to the first 5 executive session. So let's do that. Everybody 6 else has left the room. 7 Just by way of a little background on 8 the -- I'm going to call it the yacht club case. 9 MR. SEROTA: Richard, before, you want to 10 talk about the executive session a little bit or 11 not? 12 MR. WEISS: Sure. Go ahead. 13 MR. SEROTA: Just for the new council 14 people, an executive session, 286.011, is an 15 exception to the Sunshine Law. It allows us to 16 talk openly attorney/client about these cases as 17 we would with any other client. 18 Everything that you say here remains 19 confidential, the court reporter is recording 20 everything, until the case is over. When the case 21 is over and resolved, whether through settlement 22 or through litigation, then this does become 23 public. 24 So the point is you can be -- you should be 25 comfortable in saying and asking whatever you Veritext Legal Solutions 800-726-7007 305-376-8800 Page 6 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 want. It is, as I say, protected by confidentiality, but at the same time, recognize that everything I say and everything you say will ultimately be made public. MR. WEISS: It is not unusual -- when it's made public it becomes public record. MR. SEROTA: Right. MR. WEISS: It's not unusual after litigation is done for us to get a public records request for a copy of the transcript. That has happened here. So, again, say what you need to say, but just be mindful of the fact that it becomes public. MAYOR GROISMAN: I have a question for clarification. Is it the case that if someone, if one of the members of the council, if we disclose what happens, what was said in this meeting before the conclusion of the litigation, so before it's made public, we risk waiving attorney/client privilege entirely for this? MR. SEROTA: Actually, that was the next thing I was going to say. You are correct. That is this is, again, no different than Veritext Legal Solutions 800-726-7007 305-376-8800 Page 7 1 an attorney/client situation if it was just 2 one-on-one, and that is if you speak to other 3 people outside of this room, outside of the 4 manager, outside of the attorneys, then that could 5 be deemed a disclosure, a breach of the privilege 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for everybody. So that this session could become public or become a public record should you speak about what is said here to people other than the people in this room. All right? MR. WEISS: I just want you to know particularly -- that is a good rule for everything, particularly when you are dealing with people that are aggressively litigating with us, extremely aggressively. If they hear from someone that you have spoken with somebody outside this room, i.t would not at all be beyond the way this litigation has gone for them to then say that the whole executive session has become public. So by way of background -- MS. TREVARTHEN: Did we talk about the scope? The purpose of this session is that it's only attorney's fees and strategy for settlement. This is not an open season to talk about anything in the world. It's only to talk about Veritext Legal Solutions 800-726-7007 305-376-8800 Page 8 1 strategy, attorney's fees and possibilities for 2 settlement. 3 MR. WEISS: By way of background on the 4 yacht club case, the village council had been 5 receiving complaints from people in the 6 residential area regarding what was going on at 7 the yacht club. They asked us to do an opinion 8 based upon the information we had as to whether 9 the yacht club was operating legally. 10 COUNCILMAN FREIMARK: They who? 11 MR. WEISS: They the council. We wrote an 12 opinion based upon the information that we had, 13 which was extremely limited. We didn't have 14 financial information. We didn't have a lot of 15 other information about how their members were 16 admitted. We didn't really have a lot, but based 17 upon what we had, we really didn't see any kind of 18 case that we had for saying they were operating 19 illegally 20 Almost simultaneously with us issuing that 21 opinion, which was somewhat favorable to the yacht 22 club, they filed suit against the village asking 23 for a declaratory judgment as to whether they are 24 operating legally. 25 I wanted to give you that background. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 9 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Basically, at the moment we issued the opinion -- ASSISTANT MAYOR SALVER: I don't even think ever became public. MR. GONZALEZ: IL never became public. ASSISTANT MAYOR SALVER: They requested the draft. MR. GONZALEZ: Right. MR. WEISS: So go ahead, Joe. MR. SEROTA: That is the background. Let me just talk to you a little about the case. The litigation has been going on for a little over 18 months. The yacht club has taken very strong positions. They have fought all discovery. They have challenged us on everything that we have requested. The court has granted us quite a few documents, financial documents, which we have reviewed. Other documents we have requested, quite a few, actually, tha7, they still refuse to give us. We have a motion to compel that, actually, is not scheduled until the spring. So we are still in the process of discovery, but we have persisted. 'Je have also pursued our position quite aggressively, and we have made some very positive progress in terms of what we found. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 10 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 MR. GONZALEZ: You might want to clarify that. We then countersued. MR. SEROTA: Right. They sued us for declaratory judgment. We countersued for declaratory judgment. You may say why did we do that. We did that because this was our opportunity to find out about their operation. If they had filed a dismissal of their case, the case would have been over. That is why we filed. Strategically, we filed a counterclaim because that way it prevented them from simply giving up their case. MR. WEISS: We were concerned when we gave them a hundred pages of interrogatories to look at, that they would say, we bit off more than we could chew and dismiss the case, in which case we would have lost the opportunity to really find out about their operation. MR. SEROTA: Our first request for production was more than 120 categories of documents that we requested from them. COUNCILWOMAN COHEN: What was that original date? Excuse me. MR. SEROTA: Of what? Veritext Legal Solutions 800-726-7007 305-376-8800 Page 11 1 COUNCILWOMAN COHEN: When did we initiate 2 all this? 3 MAYOR GROISMAN: When did we file? 4 MR. SEROTA: They filed the lawsuit in S March of 2015. We filed a counterclaim soon 6 after. 7 That is setting up the pleadings. Now, the 8 key issue, the key issues in this case is whether 9 the yacht club is operating in compliance with the 10 existing zoning. Is it a commercial marina or is 11 it a club? Is it a marina that is permitted? 12 That is one question. 13 MAYOR GROISMAN: Nonprofit, right? 14 MR. SEROTA: Right, nonprofit. 15 MR. WEISS: Noncommercial. 16 COUNCILMAN ALBAUM: How long were they 17 operating like that? 18 MR. SEROTA: They have been operating it 19 just for a couple of years, actually, which leads 20 me to my second point, which the other question is 21 whether the marina, the prior marina use was 22 abandoned according to Florida law in other words. 23 If it was abandoned, you can't have a new 24 marina in a residential area unless it's limited 25 to the residents. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 12 1 COUNCILMAN FREIMARK: So can you take a 2 step further back then and provide a bit more of 3 the history? Because now there is the concept of 4 a prior marina and a current marina. 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WEISS: Let me go back. Part of this, this is obviously from memory. When the village was originally -- Patricia, if I make a mistake on this, correct me. When the village was originally formed, it was formed by a bunch of friends. They are, I think, from Detroit. COUNCILWOMAN COHEN: Detroit. MR. WEISS: They are from Detroit. Basically, they had two social establishments as part of the village. One was called the yacht club and one was called the beach club, and everybody that moved in here was wart of the yacht club and the beach club. That spline that runs down the center from the yacht basin all the way now to the Oceania, that was sort of the pathway to the beach club. For years and years and years that is sort of the way it operated. The yacht club portion of it was operated as a club. There was a building where that big vacant lot is. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 13 1 MAYOR GROISMAN: You can see it there. 2 MR. WEISS: You can see it on the picture. 3 Right on the peninsula, right there. It was a 4 country club. They had parties and they had bars. 5 I don't think they had too many Bar 6 Mitzvahs there because Jews were not allowed, but 7 had there been a lot of Jews, they would have had 8 Bar Mitzvahs there. But they had all sorts of 9 affairs there and so forth. 10 The yacht club was an ancillary part of 11 this whole social scene. Eventually, the 12 oceanfront portion was sold. Then you just had 13 MAYOR GROISMAN: You missed one. 14 COUNCILWOMAN COHEN: First, they tore down 15 the yacht club. 16 MAYOR GROISMAN: First, the yacht club, 17 which was owned by many people, had a litigation 18 and it ended being purchased or whatever. 19 MR. GONZALEZ: Consolidated. Consolidated 20 the ownership. 21 MAYOR GROISMAN: To the Imbesis, to the 22 current owner. 23 COUNCILWOMAN COHEN: Then they tore it up. 24 MR. GONZALEZ: Then they started to carve 25 out essentially. So they sold the ocean part Veritext Legal Solutions 800-726-7007 305-376-8800 Page 14 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 side. So you ended up with a place where, I like the analogy, you used to have a dog, and now you have the tail and the rest is dog has kind of been sold off. So is this tail still qualifying as a legitimate operation per the code when you carved out kind of the big piece? COUNCILWOMAN COHEN: And under the code, it's recreational. MR. WEISS: The piece that Joe was getting to is under our village code, new marinas have their own section. New marinas can only operate in the business district, and this is not in the business district, and must serve only the residents. MAYOR GROISMAN: Correct me if T'm wrong. The purpose and the intent behind that, from what I understand, is because the marina that was there was only for the residents. They are saying if you are going to make a new marina, it also has to be only for the residents, correct? MR. SEROTA: There's two things, Richard. You can have two kinds of marina. You can have a new public use marina, but that is only in the business zoning district, or you can have Veritext Legal Solutions 800-726-7007 305-376-8800 Page 15 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 nonpublic use -- just reading your code here. Or you can have a nonpublic use marina like this and that can be in the residential zoning like this. However, and then only if use of the docking facilities are limited to use by residents. So this could be a legal -- it could be a new marina, a nonpublic use marina, but it would be limited to just people that are resident in that area. COUNCILWOMAN COHEN: Which is not the case at all. MAYOR GROISMAN: The vast majority of people are not from around there. COUNCILMAN ALBAUM: How did this even MAYOR GROISMAN: It appears to be operating like from the outset like a business. He has it registered as a not -for-profit. That is my understanding. MR. GONZALEZ: That is a tax status. MAYOR GROISMAN: Right. MR. WEISS: The first point that Joe was talking about is that it's operating as a commercial marina. It's not disputed. The second one is that the old marina discontinued operation when the whole thing was Veritext Legal Solutions 800-726-7007 305-376-8800 Page 16 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 sold, and that basically when they formed this not -for-profit, when they started operating this way, that is a brand new marina which comes under the new marina regulations, which must be, if it's going to be in that area, for residents only. Those are the two legal issues. MAYOR GROISMAN: Residents of Bal Harbour over all, right? COUNCILWOMAN COHEN: It doesn't specify residents in -- MS. TREVARTI-IEN: It means residents in Bal Harbour, and goes back to 1990. COUNCILWOMAN COHEN: 1990? MR. WEISS: It's happened really by inertia. MR. GONZALEZ: This is an evolutionary process. MR. WEISS: Evolutionary. COUNCILMAN ALBAUM: We didn't try to stop it, like, initially? MR. WEISS: The first time I heard anything serious about this was at the time in 2015. We did have people that had been complaining, but the first time it got sort of serious to the point where it came to the council and the council asked Veritext Legal Solutions 800-726-7007 305-376-8800 Page 17 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 us to do something was in 2015. MR. GONZALEZ: I suspect in response to some of the rumors or murmurs that they were hearing, they came to the village and applied for a business tax receipt. I said, there is no such category. We are not going issue a business tax receipt to an entity that we may not know that, in fact, it is operating properly. So that is really when the ball started rolling. MS. TREVARTHEN: And we spent a lot of time trying to figure out what we could through the public information. That is why the discovery was so important to get to the other information. MR. WEISS: The council wanted us to initiate code enforcement proceedings against the marina, but under code enforcement, we have to be able to prove that they are doing something wrong. The reason that we did our analysis was to see whether we had a case to make against them. Our conclusion was that based on the information that we had and we had to follow a code enforcement case in good faith, we didn't have enough information. So we were sort of stuck, and then all of a sudden this lawsuit comes out of the blue, and we say, wow, this is great. We have a Veritext Legal Solutions 800-726-7007 305-376-8800 Page 18 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 great opportunity here to get all the information. found. So, Joe, why don't you tell them what we MR. SEROTA: Right. Well, first of all, just so you understand the context, which is our opinion. Our opinion was that the evidence supports the view, the evidence we have, that the marina operation is not commercial. To determine whether there is commercial use, we are required to investigate into where the money goes, the books, the records, the accounting information, and might require an investigation into the legal entities, including the record books. These record books are likely not readily available to the village and the only manner that access could be granted would be through an action for declaratory judgment. The success of which is by no means a certainty with regard to yielding the type of information. So talk about being prescient. This is what we wrote March 17th. Within weeks -- now this wasn't public at that time. Within weeks of this, there is a declaratory judgment. COUNCILMAN ALBAUM: That he? MR. SEROTA: They filed it. Not us. They Veritext Legal Solutions 800-726-7007 305-376-8800 Page 19 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 filed it. Which was exactly what we said was needed to find out. But keep in mind that our initial thing was from what we see, it appears that it's noncommercial. So that is the background, what has happened so far in the litigation. We requested many internal financial documents. Some have been produced and, as I said, some we are still pushing for. We have taken depositions of the Imbesis. The father, the wife, the son, the dockmaster, a number of people, not everybody yet. We took a number of their depositions. They took depositions of -- I was going to say everybody around this table, but not everybody around this table. All the council people. Where we are in the litigation is we are waiting for these documents. We have hired an expert, a financial expert to help us to determine if this is a proper nonprofit, noncommercial, and the way that they are operating. For example, are they paying salaries or are they distributing profits at the end of the year. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 20 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 COUNCILMAN FREIMARK: As a nonprofit, are they not required to file public returns. MR. GONZALEZ: They are not a 501;c)(3). ASSISTANT MAYOR SALVER: They are just a Florida state. COUNCILMAN FREIMARK: They are just a Florida nonprofit. So it's not an IRS determination. MR. GONZALEZ: Exactly. MR. SEROTA: This is what we have done so far. Through this discovery, we have come up with some very good information which raises questions about the current use. Again, if it's really noncommercial. Just to give you a flavor of some of the things that we have gotten. Keep in mind that is in a club district. This is supposed to be a club, social activities. That was really what was intended and that was the use before. We found that they really have no organized club -like activities. They are not really involved in social activities at all. There is no real membership criteria. The financial documents are a bit of a mess, but it appears that the salaries may be excessive for a not -for-profit of this Veritext Legal Solutions 800-726-7007 305-376-8800 Page 21 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 size. We are moving to compel additional information abcut that. Year-end payments may just be dividends disguised as salary, and that is one of the things that we are looking into. Okay? If it looks like you are distributing profits at the end of the year, that looks like a profit. If you are paying people reasonable salaries at the end of the year, again, that is what you are supposed to do. MR. WEISS: By the way, they employ Joe Imbesi's son, Joe Imbesi's wife, Joe Imbesi's daughter. MR. SEROTA: Then the question is, is this really a club. Is there really members. Membership benefits are very limited. Imbesi couldn't even remember the names of rejected applicants. Now, again, you don't need to reject people, but if you just simply you sign your name and you write a check, that looks like a commercial marina. If you have some way of reviewing people as to whether they are really members of a social club or a yacht club, that is something else. MR. WEISS: The theory that we are proceeding on basically with regard to that issue Veritext Legal Solutions 800-726-7007 30S-376-8800 Page 22 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 is, he was operating however he was operating. He got a bunch of lawyers together, put lipstick on a pig, and basically formed a not -for-profit, and has tried to make it look like it is operating as one, but really the operation has never changed since for profit. So what we have been trying to pursue is, you know, is this thing really operating a not -for-profit. COUNCILMAN ALBAUM: What is the actual source of income that is coming in? MR. WEISS: Rentals. Boat rentals, slip rentals. MR. GONZALEZ: Membership dues. COUNCILMAN ALBAUM: Do we know :pow much money is coming in on an annual basis? MR. SEROTA: We have a lot of that information and some we don't. Let me talk to you about things that we have requested that we have moved to compel. Member information for the yacht club. I mean, really, we didn't get any, which has to do with is this really a club or is it just commercial. Financial documents, 2013. This was before the turnover and we want to see, again, did one use cease, did the operation close down. We also have Veritext Legal Solutions 800-726-7007 305-376-8800 Page 23 1 2 3 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 underlying documents supporting their QuickBooks accounting records. I mean, they gave us accounting records, but not necessarily underlying documents, which we need. So that is just a flavor of what we are looking for. Now, in terms how it's going, we believe or I can say I believe that their enthusiasm for the case has been waning. I think in the beginning they felt, you issued a legal opinion saying, we think it's noncommercial based on the information we have. So you file a declaratory judgment. This is a slam dunk, that the city attorney has already said this. It's a slam dunk, but the reality is we have always stood by the opinion we gave, which is once we get this information, it may be different. So now when we go into the information, they are recognizing that this is not such a slam dunk. I mean, during the deposition of the mayor, at every break, you know, Joe Imbesi I mean, Tony Imbesi was talking about, you know, can't we resolve this thing. Why are we pursuing this thing. This is so expensive. Because one of the things they were asking the mayor was questions about what information do you have that this is Veritext Legal Solutions 800-726-7007 305-376-8800 Page 24 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 noncommercial. Well, at that time, Gabe was able to talk about some of the things that I have talked about, which is not like we know it is. We are just saying this is information, which certainly gets past, you know, like what is called a summary judgment, that there is no factual issues. There certainly is. So that is really the status of the case. Although, as I say, the expert depositions have not even begun, which are really critical in this case because it's a matter of opinion of experts to talk about does this qualify or noL. Ultimately, it's the judge's decision, but expert opinion is relevant. MAYOR GROISMAN: Have you set an expert discovery schedule? MR. SEROTA: No, because we are waiting for the documents before we do that. We haven't set it yet. MAYOR GROISMAN: The first available hearing is in the spring. MR. SEROTA: Right, in the spring. So we are at kind of a standstill, although we are on a waiting list in case anything gets canceled to go in before. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 25 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 MR. WEISS: The last piece is that we had an executive session before. MR. SEROTA: Let me get there. Our expert is Robert Stone from Kaufman Rossin, who is an excellent witness, who has been helping and guiding us and ultimately would probably be our expert witness. As I say, there is also some fact witnesses that still need to be taken, and then, as I say, these expert witnesses. We have no trial date. You want me to get into some of the costs what has been involved or should we wait? MR. WEISS: Let me say where we are and then if you have questions about the costs we can answer them. MR. GONZALEZ: What prompted the last executive session, if you recall, is that just before that Mr. Imbesi acquired, through quitclaim, park spaces and then turned over and made an offer to us that, you know, we will pass these on to the village if you agree. So that led us to an executive session. MAYOR GROISMAN: I know that some residents have filed an opposition to that, really a motion to reverse the approval of the sale, the quitclaim Veritext Legal Solutions 800-726-7007 305-376-8800 Page 26 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 because no notice was given to those people who have a claim or any potential claim to that property. That was scheduled for a hearing, I think, two weeks ago, but because of what Richard is about to talk about, they were asked if they would put off the hearing to see if there is a way to reach a resolution. MR. WEISS: So at the last executive session, the three of you were there. Oh, you weren't there, the two of you. The council authorized ourselves and the manager to see whether, because we have the other lawsuit, which I am going to call the platting lawsuit to keep it separate. We have these two lawsuits going on with the Imbesi group. The council authorized the manager and us to go ahead and see if there was some way we can negotiate a resolution of these matters, both of them, both the platting matter, which we will talk about in a second, but I have to keep separate, and this issue of the marina. So the manager, with our help, has, I mean, I think has done a great job negotiating with the Imbesis and has come up basically with the framework of a settlement, which he will now go Veritext Legal Solutions 800-726-7007 305-376-8800 Page 27 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 over with you. MR. GONZALEZ: So we had face-to-face and online conversations with the two parties. We are seeking a global settlement. The instruction we were given was to kind of make sure that you resolve all matters so that there's no loose ends or dangling participles out there. The framework of the agreement is based in part, in large part on his initial offer to the village, which was to hand over the ownership of the parks that are the eight or so parcels inside the gated community that they acquired. It is where it is free and clear so long as you do the following. First of all, he wanted to settle the litigation we have been hearing about, which is the operation of the marina. Make it or agree that it is, in fact, operating according to the code. That it is, in fact, noncommercial, that they are entitled to operate, and they continue to operate in the manner in which they have been operating. That it would be approved. Not even would be We approved. It's not an approval, but it valid under the code. have kind of clarified that a nonprofit, noncommercial, noncharter, no commercial activity Veritext Legal Solutions 800-726-7007 305-376-8800 Page 28 1 taking place would be valid under the code, and he 2 has agreed no chartering, and no commercial 3 activity would take place. That it would remain a 4 membership marina. 5 COUNCILWOMAN COHEN: I don't understand. 6 This is what he is claiming he is running 7 presently? 8 MR. GONZALEZ: That is what he is claiming 9 he is running presently. 10 The membership, you can have a dues, and 11 you can have a membership. He keeps indicating 12 that he wants to be treated like any other 13 resident. So we tied a lot of the regulations to 14 our code and saying, well, okay, our code, for 15 example, has a prohibition on short term rentals. 16 You can't rent your home or condo for less than 17 18 19 20 21 22 23 24 25 six months. So, Joe, you cannot have memberships less than six months. You cannot have contracts to dock your boat in the marina for less than six months. You can't just come in and show up and be a member for the day. It needs to be a long term membership operation. He has agreed he will abide by those things. Those are included in the regulations that he has proposed. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 29 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 He has always indicated that the marina upland, if you would, along Bal Bay Drive where there is a sidewalk and a path, that he would grant access. It's part of the property. He would grant access to pedestrians, no dogs, but pedestrians to have access to the marina, which is something that 1 think the residents had enjoyed, and then more recently he has been enforcing the trespassing policy there. MAYOR GROISMAN: He calls the police if someone goes out there. MR. GONZALEZ: Exactly. So he has kind of agreed to put a sign that says Joe Imbesi or the yacht club has allowed this. I will read it to you. MS. TREVARTHEN: Bal Harbour Yacht Club private property. Residents are invited to walk exclusively on our brick paver driveway. No dogs. Please respect this accommodation. That was negotiated. MR. GONZALEZ: He has also agreed to not develop further or subdivide it any further than what he is asking for with the plat waiver, which we will get into in the next executive session. He has agreed to a series of regulations Veritext Legal Solutions 800-726-7007 305-376-8800 Page 30 1 that we are still kind of going through to make 2 sure that they abide by, you know, reasonable 3 tests that we would have. Again, hours of 4 operation, overnight guests. Noise would have to 5 be tied to our noise ordinance. Only the owner or 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the captain can be on the boat after a certain hour. Anybody that is going to be active, needs to go through the dockmaster and be assigned, registered with the gate, the guardhouse so there is access and information on who is coming in and who is not after a certain hour. Other than the owner or the captain, no one can come in, so no guests, no parties, no visitors, I think, after I think it's 6:00 o'clock. Wasn't it, Susan? MS. TREVARTHEN: Yes. He agreed to 6:00 o'clock. We haven't yet discussed what time in the morning it would start up again. That was the latest. MR. GONZALEZ: No commercial activity, no work on the boat, no cutting of fish, no gassing. Other than emergency activity, nothing that would be of marina boat building kind of operation. It's really strictly a dock your boat and go. He claims he would deed the parks to the village. At our last executive session, the Veritext Legal Solutions 800-726-7007 305-376-8800 Page 31 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 instruction was that it really was preferable that the village not own the properties, but that they be deeded directly to the civic association or the entity that would be created within the gated community. MAYOR GROISMAN: That is because the properties have a plat restriction on them. MR. GONZALEZ: Right. MAYOR GROISMAN: They are for the exclusive use and enjoyment of the platted section. COUNCILWOMAN COHEN: The adjacent property. MR. GONZALEZ: It's the plat, which would be the gated community plus the west side. MAYOR GROISMAN: Plus the west side who has pedestrian access to it now. MR. GONZALEZ: The idea there, so you understand what we are trying to do, is once the village took ownership of it, it starts to open up a lot of Pandora's box as to who has access. If you own it, how you have to maintain it. Should the village, as a whole, maintain it, but only certain guests or residents are to use it. MR. WEISS: If you transfer it, it now comes under our charter, which says we have to give it to the voters. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 32 1 MR. GONZALEZ: That is why we are avoiding 2 a lot of those nuances by doing that. 3 MAYOR GROISMAN: He knew that when he 4 offered it. 5 MS. TREVARTHEN: And also fulfilling the 6 intent of the plat. I mean, the plat always 7 specified that these would be privately held for 8 the benefit of the people within the residential 9 section. 10 MR. GONZALEZ: Before that were to take 11 place, he would grant all necessary easements that 12 the village might have for utilities, underground 13 work, anything we might need to use those park 14 areas, some service. Those easements would be in 15 place. So whatever he granted to the civic 16 association. That way, we don't need to go and 17 try to secure that later on from the civic 18 association. 19 He is asking for the plat waiver of the 20 three lots. 21 MS. TREVARTHEN: That would be the next 22 session. 23 MR. GONZALEZ: Right, right, but as part of 24 this is the three lots. As it relates to the 25 parcel, the plat, when granted, would be governed Veritext Legal Solutions 800-726-7007 305-376-8800 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by the code, which means that any development that takes place on those homes, would need to go through the architectural review board, which is a requirement of any home builder. MS. TREVARTHEN: Let's cover this in the next executive session. MR. GONZALEZ: Okay. MS. TREVARTHEN: That is not the marina. MR. GONZALEZ: The remaining parcel, once you cut that piece off and make the tail shorter, if you stick to the analogy, which is the remaining marina, he commits a covenant to no further development of any kind, no filling in of the basin. It would remain a marina, and that would need to go through a site plan review process of the council to update what is currently in place. So, in essence, in kind of from a generic perspective, there is a lot of words on the agreement, but, in essence, it kind of locks in, the agreement would lock in the operation, whether it was ideal or not, the operation that existed prior to the litigation, except that you, for sure, make sure that there is no commercial activity. Meaning membership is noncommercial. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 34 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 It's a nonprofit. COUNCILMAN FRETMARK: How do you COUNCILMAN ALBAUM: How do you inspect that? COUNCILMAN FREIMARK: Is there a reporting requirement? How is all of that insured, that it's not a commercial membership? MAYOR GROISMAN: Let me jump in because it relates to that. So I met with Mr. Imbesi, I don't know, three weeks ago, two weeks ago, three weeks ago, at Shlomi Alexander's house, another resident, who called me and said Joe wanted to meet with me personally. He wanted me to be there, or I don't know. He asked to be there, whatever. So I went to meet at Mr. Alexander's house, and I met with him to try to talk about a lot of these issues. Most important, the most important issue that I had with regards to the lawsuit that we are talking about is whatever -- without talking about what those rules would be, the district right now has no regulations. To be clear, to take one step back, there is a lot of focus on me or my district because that is within our district seemingly, but Veritext Legal Solutions 800-726-7007 305-376-8800 Page 35 1 it's not. It's clear that is a separate district. 2 There is a residential district. That is one part 3 of the code. 4 MR. GONZALEZ: SPC, I think. 5 MAYOR GROISMAN: They have the marina 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 itself, and the yacht basin and the cul-de-sac is all part of what is called the private club district. If you look at the private club district, other than the rules, the code that we are talking about, noncommercial, et cetera, there is nothing else as far as hours of operation, what kind of things can happen there. Just like in the business district, we have lots of regulations and ordinances relating to what they can do, what they can't do. On the RAF, they don't have any of that. COUNCILWOMAN COHEN: Nobody ever addressed it. It wasn't in anybody's mind. MAYOR GROISMAN: It was before the council a few months ago and it didn't pass to put some sort of regulations on them. So the idea was whatever regulation we spoke about, to have them in ordinances once we agree on them or if we can agree on them, and that way, since we are not a private entity, as a city. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 36 1 2 3 4 5 We are a municipality. The only way for us to enforce anything or for residents is through an ordinance. I will tell you in my meeting, Mr. agreed with me that he would agree to an Imbesi 6 ordinance, and then a week later, he called me and 7 8 me, told me that he is no longer agreeing to the 9 ordinance. 10 So the biggest problem I have with the 11 agreement that is before us is the first that you 12 all pinpointed, which was the lighting. Because 13 there is no way to enforce any of the rules that 14 are on here. These are the rules he is agreeing 15 to today. Tomorrow he changes the rules. There 16 is nothing to do. Let's say he even agrees to a 17 provision and he can't change the rules. If he 18 changes the rules, we would have to sue him to 19 enforce it because we can't do anything as a city. 20 COUNCILMAN ALBAUM: There are no penalties. 21 COUNCILWOMAN COHEN: You are asking us in 22 good faith to accept the predicate here, which is 23 that he is not operating a commercial marina, that 24 he is operating a noncommercial. That is what is 25 being presented to us. told me that -- or called Jorge and then called Veritext Legal Solutions 800-726-7007 305-376-8800 Page 37 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 MR. GONZALEZ: Time cut. Let me be clear. The instruction we got was that a lot of these parameters were generally kind of livable at the last executive session. MAYOR GROISMAN: But the details -- COUNCILWOMAN COHEN: We didn't go into details. MAYOR GROISMAN: Let's see if we can reach a resolution. MR. GONZALEZ: Right. So this is what is there. I am not proposing anything. This is where it's at. COUNCILWOMAN COHEN: We expressed a feeling of, okay, let's try and you know. MAYOR GROISMAN: The only thing in detail that we spoke about was the park ownership because we saw his acquisition of the parks, which does not seem kosher. Okay? It doesn't seem like it was an appropriate -- it hasn't been adjudicated yet, but it doesn't smell right all the way around, but it still seemed like an opportunity. We are stuck in this litigation. It could be good for us. If we can get to something that we are all happy with and stop dealing with lawsuits, then why not. Let's explore it. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 38 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 So the carrot that he was trying to use, Mr. Imbesi was trying to use was the parks because a parallel track to this, which I think you all are all caught up with this, is the last several years, two or three years, the gated community has really been trying to clean up the mess that has been left behind for the 50 years of not having a proper homeowners association and that sort of thing and have been a series of -- COUNCILWOMAN COHEN: Nongated - MAYOR GROISMAN: Nongated parks, et cetera. So there have been a series of things that we all as a council have been doing on our end, and the civic association, which to be clear I'm not -- I am a member of. We haven't signed it, but I paid my portion, but I'm not a member of the leadership because I think there might be a conflict if I am, so I am not. But they are trying to -- they have their own lawyers and they are to get -- their papers are already drafted to get everyone signed. There is a lot happening. So in the last executive session we agreed, let's pursue something where the only specific was the park would go to the civic association, the Veritext Legal Solutions 800-726-7007 305-376-8800 Page 39 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 rest we would talk about_ I have spoken to Jorge twenty times about not this last one because they changed it a few times now. MR. GONZALEZ: Just to be very clear, I know where you can and you cannot make a deal. They are not going to make a deal that eliminates their operating agreement. If that is the direction, give it back to Joe and let him try this thing. COUNCILMAN ALBAUM: Well, obviously, we can't have any kind of enforcement on this to insure that he is acting in good faith. What do we have? MR. GONZALEZ: You can do that. You can work audits. You can work other reviews. COUNCILMAN ALBAUM: But Gabe just said it's not even an ordinance. MAYOR GROISMAN: If it's not an ordinance, we can't. Because then he blows it off and then the next -- we have to think. COUNCILMAN ALBAUM: It's another lawsuit. MR. WEISS: It's another lawsuit. MAYOR GROISMAN: We have to think beyond the council that is here today. We have to think Veritext Legal Solutions 800-726-7007 305-376-8800 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 :5 1.6 17 18 19 20 21 22 23 24 25 that is an issue we have had in the past. It's things are done for right now. That is not the way to do things. COUNCILWOMAN COHEN: That is what is happening here too. All of a sudden we have a situation where the gentleman acquired some land. Now he has us by the -- MR. GONZALEZ: Not necessarily. MAYOR GROISMAN: I disagree. I think he gets us here. COUNCILWOMAN COHEN: Of course it is. MAYOR GROISMAN: Jorge, he changes the rules tomorrow, A. MR. GONZALEZ: No, no, no. He is not going to change it. MAYOR GROISMAN: B, he starts operating in a way that is a blatant breach of the provisions. Then the only way for the council to even find out about it is for people in most likely the gated community, they are the ones on the scene, to come together, come to the council meeting, get a council, hope that the council cares. COUNCILWOMAN COHEN: Exactly. MAYOR GROISMAN: That is not the way. Imagine if we have the same rules for the Bal Veritext Legal Solutions 800-726-7007 305-376-8800 Page 41 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 Harbour Shops. No rules. You guys do whatever you want. If not, we will sue you. COUNCILWOMAN COHEN: Well, it's still pretty much the way. MAYOR GROISMAN: Right, exactly MR. GONZALEZ: I am not arguing the point. I am saying what you just described is probably the same situation whether there is an ordinance or not. You would still probably get a complaint. MAYOR GROISMAN: You can call the police if there is a party at 2:00 in the morning. You can call the police. The police will have to go. MR. GONZALEZ: Exactly. MAYOR GROISMAN: If there is a private agreement, the police can't do anything. MR. GONZALEZ: No, no, but we are tying the noise ordinance to it. COUNCILWOMAN COHEN: I came in here in a conciliatory mood, but if I have to accept the premise that it's a noncommercial operation, show it to me. Demonstrate it to me. Then I can have all my faith. I can invest my faith in the gentleman and say, you are running a noncommercial operation. If you continue to operate and don't deviate from this, I am okay with it. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 42 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 That is not the case. How can I make an intelligent decision right now? MR. GONZALEZ: But then we are getting more of this compelling -- MAYOR GROISMAN: If that provision wasn't in there, we could do it. ASSISTANT MAYOR SALVER: If we have an agreement, if we sign it, they are going to sign it, but based on the e-mail I got yesterday, they already made changes to this. MR. GONZALEZ: Oh, yes. He continues to change it. MS. TREVARTHEN: There have been two or three e -mails and two or three versions that we are trying to figure out what is changing, because he seems to be doing it himself. ASSISTANT MAYOR SALVER: Well, I think the last one had like red lines. COUNCILWOMAN COHEN: That is very typical of them. ASSISTANT MAYOR SALVER: I don't know how much of this we say at this session or the next session, but let's say we got tomorrow a judge to rule and say that it was a private club, I mean, to say it was not operating legally, then they Veritext Legal Solutions 800-726-7007 305-376-8800 Page 43 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 would just double down on the whole platting thing. Even if we get them to agree that the club is operating illegally, what are we then accomplishing because or. the other hand, we have to consider that, and that they have a much stronger case for it. MR. WEISS: There is a difference between what they can accomplish. I don't want to get into the platting here, but there is a difference between what they can accomplish by winning the platting case versus this. The platting case, the most they can do in the platting case is get their plat. The platting case does not, cannot, even if they win everything in the platting case, it can't result in your marina operation. COUNCILWOMAN COHEN: It's completely different. Do you have the carrot? Let's assume Mr. Imbesi does not, that we don't take him up on his offer and that he keeps his green spaces, extensive green spaces. It's extremely costly to operate, to maintain those spaces. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 44 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 1, if you ask me to bet right now, he wants to offload those things. Cutting that grass and assuming those expenses -- ASSISTANT MAYOR SALVER: Is he cutting the grass right now? MR. GONZALEZ: We have. COUNCILWOMAN COHEN: You have been doing it, but the day you turn it over, you are talking about thousands of dollars a week. IL's expensive. Are you guys, are you gentleman aware of the amount of green space we are talking about COUNCILMAN FREIMARK: I heard what was discussed. ASSISTANT MAYOR SALVER: So we are at a status quo. NIR. SEROTA: We have a court reporter. You really have to talk one at a time. MR. GONZALEZ: As we began negotiations, as you instructed, we are going to freeze things in place. The gated community assessment has historically maintained those properties and we continue to do so. Conversely, you know, they claim that there is no easement to our stormwater pump and pipe that is in their property, and I go, well, you Veritext Legal Solutions 800-726-7007 305-376-8800 Page 45 1 don't enforce any of that. You know, we could 2 always do an eminent domain issue if it came to 3 that, but we in the spirit of trying to resolve 4 this matter quickly, I said, we will just continue 5 to do what we have been doing. 6 The fact of the matter is most of that 7 property is staging site for the construction of 8 the pipe anyway. So there is not a lot 9 maintenance going on. 10 COUNCILWOMAN COHEN: Right now there isn't. 11 MR. WEISS: I think you know that I tried, 12 but I gave you so much information in the 13 orientation. I want to make sure you have a clear 14 picture of those park properties. 15 MAYOR GROISMAN: I showed them. 16 MR. WEISS: Not the physical picture, but a 17 legal picture. 18 COUNCILWOMAN COHEN: There is also, there .9 is a whole scope of it. 20 MR. WEISS: There is a bunch of green space 21 in there. Within the plat, the legal document 22 that sort of set out how this community would be 23 developed, that green space is dedicated to the 24 exclusive use of the people within the plat. The 25 ownership of the property underlying is really not Veritext Legal Solutions 800-726-7007 305-376-8800 Page 46 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 important, because the ownership is subject to that restriction. COUNCILWOMAN COHEN: Exactly. MR. WEISS: So it's not like by owning that property that they can build a house or they can put a dog park or do anything. MAYOR GROISMAN: They are challenging the plat restriction. MR. WEISS: They are. So the issue of the ownership of the property, when we talk to you about the gate park, we have the same issue with the gate park. We own the gate park, but to us, we can't use it for what we want to use it for. So the fact that he owns the property is potentially significant, but, again, it's being challenged. So he may not even own those parcels. COUNCILWOMAN COHEN: For $800 that he bought it for. MR. GONZALEZ: He is being challenged on the one hand. Then on the other hand, he is trying to gain additional leverage to lift the deed restrictions so they would become publicly owned. MR. WEISS: What I wanted to respond to, there was a comment that he sort of has us over a Veritext Legal Solutions 800-726-7007 305-376-8800 Page 47 1 barrel on these park lands, but I wanted to sort 2 of define what that barrel looked like, which is, 3 yes, he potentially owns them, but they are 4 subject to exclusive use of the people within 5 there. He can use them. He is part of the 6 persons in there. 7 COUNCILWOMAN COHEN: Because he owns a 8 house too. 9 MR. GONZALEZ: He owns the marina. 10 COUNCILWOMAN COHEN: He also owns the 11 marina. 12 MR. WEISS: I just wanted to sort of wrap 13 something around what -- 14 MR. GONZALEZ: He thinks his leverage would 15 be if the deed were lifted then the residents 16 inside the gated community are going to be in 17 jeopardy of being able to maintain the privacy of 18 the property, and that would compel the council to 19 see it his way. 20 MAYOR GROISMAN: That would be bad for him, 21 too. He owns more property that anybody else. 22 COUNCILWOMAN COHEN: It's a lot of huffing 23 and puffing. 24 MAYOR GROISMAN: Let's just put a little 25 order to the meeting so we can make concrete Veritext Legal Solutions 800-726-7007 305-376-8800 Page 48 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 decisions as to the next steps. So we have a settlement agreement, which is not -- I will save my comments to last. We have a settlement agreement. We have been trying to negotiate with them. As I explained to you, this is not what I agreed to when I met with him. I will start with that, and then I'll tell you all the problems I have with it after. Let's go around the room. Is anybody in favor of signing the agreement that is before us now or something similar to it? COUNCILMAN FREIMARK: I am not absent teeth. No. MAYOR GROISMAN: Absent what? COUNCILMAN FREIMARK: Absent teeth. MAYOR GROISMAN: Teeth, like enforcement mechanism. COUNCILMAN ALBAUM: If we had an ordinance, I probably would go for it. If we can't enforce it -- well, he tells me that he MR. WEISS: It's just a settlement agreement. The way without an ordinance, the way you would have to enforce it is back into court, and you are in breach of the agreement. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 49 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 COUNCILMAN ALBAUM: Or some other vehicle, but Gabe has assured us that without an ordinance -- COUNCILMAN FREIMARK: Everything that needs to be resolved has to be in the agreement. MAYOR GROISMAN: So before we go to the next session, Patricia, are you in agreement with that? COUNCILWOMAN COHEN: No. MAYOR GROISMAN: You, Seth? ASSISTANT MAYOR SALVER: I don't know. I know this litigation has been going on for awhile. The way I see it is that if they are not successful in that case, then they still have the whole platting issue on us. I know they are different. MR. GONZALEZ: I wouldn't worry about the platting issue. Here is the question that I think from a policy perspective, forget legal for a second, is what do you want to see as an outcome. Do you want a marina that is exclusively for residents only or do you want to allow it to be a membership kind of club, a la what we think he is operating there, without the commercial? Those are two different things. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 50 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 COUNCILWOMAN COHEN: Do you really think that, Jorge? You think he is really -- MR. GONZALEZ: It doesn't matter what I think. I am just saying what do you -- COUNCILWOMAN COHEN: You just said a la what we think he is running there. MAYOR GROISMAN: What he says he is running. MR. GONZALEZ: What he says he is running. I am not judging it. Joe, we need to do more work here to pinpoint it. MAYOR GROISMAN: Let me jump on that. It doesn't look like he is operating under the code to answer your question, but I am not the judge or the jury on it, and neither of us right here are actually the judge or the jury. COUNCILWOMAN COHEN: That is why I am asking the question. MAYOR GROISMAN: But the question is similar to what Jorge was asking a little bit different, which is why I saw an opportunity of reaching some sort of settlement agreement, which is, practically speaking, unless we win on the new marina issue, which then will be by definition Veritext Legal Solutions 800-726-7007 305-376-8800 Page 51 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 only for residents of Bal Harbour overall. It could be a Bal Harbour exclusive marina. Other than that outcome -- the other outcome, the other part of the case -- Joe, please correct if I am wrong -- would likely end with a judge or most likely an appellate court outlining what they would be allowed to do or not do. They don't usually give instructive opinions, but if you think of the kind of opinion they would give, they would say it's not proper because it does X, Y and Z. So they are telling him, if you don't do X, Y and Z, it will be proper. Right? So what I was trying to reach was, okay, so let's skip all those steps. Even if we don't get everything, it's perfect as that judge would give us at the end of the day in another two years, or year, let's try to get some ordinances that we would want, that are reasonable, that keeps it what is really a character of a noncommercial marina. It's more quiet. It's a little more under control. It's not daily charters. It's all these things that you hear about, that you heard. Some of these rules reflect those issues. So that is where I was coming from. COUNCILWOMAN COHEN: That is the end Veritext Legal Solutions 800-726-7007 305-376-8800 Page 52 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 result. That is what Jorge is questioning. MAYOR GROISMAN: Correct. Now, is that a home run for the city? No, because we actually have a chance of a new marina issue and would be great for everybody in Bal Harbour, not just the gated. ASSISTANT MAYOR SALVER: Is that still on the table? Because I remember early on, you said they struck some things from our -- MAYOR GROISMAN: No. They dismissed some of their claims. ASSISTANT MAYOR SALVER: I'm talking about prior. We were requesting things prior to 2012. MR. SEROTA: No, no. It is true. We were requesting things prior to 2013 or '14. No, prior the 2013, and the judge didn't allow us to go into it. That is part of what we are doing in our motion to compel is to get that information. MAYOR GROISMAN: To be clear, that doesn't mean that those counts are off the table at all. They didn't move to dismiss those counts. That is just discovery of when we can get those documents. MR. SEROTA: The judge has limited it to that time. Gabe, if I can just make one comment. If Veritext Legal Solutions 800-726-7007 305-376-8800 Page 53 1 2 3 4 5 6 7 a 9 10 71 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we prevail, I mean, as Gabe lays out, if we show that this was an abandoned use, that would be very significant. We are talking about a couple of years or so because that affects his entire value of this marina. That is one thing. If on the other hand, as Gabe says, the judge says you need to operate a noncommercial club and we think you are, it might be, you can't pay those exorbitant salaries. You have to operate that way. You have Lo have specific criteria for membership. MR. GONZALEZ: A screening process. MR. SEROTA: Correct. So the point is if we were to win that at the end of a year and a half or two years, it could happen where the judge says, you can operate, just operate under this structure. So, I mean, that is something else for you to consider, is what is the best result, what is the possible result, what is the worst result in order to evaluate this. MAYOR GROISMAN: Ms. Cohen. COUNCILWOMAN COHEN: So our mandate is to operate according to the code, right? For today, what is there today. Sc let's go back to it. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 54 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 It says let's analyze why did the founding fathers or the founding members, why did they establish that it's only exclusively for the members of Bal Harbour Village. MR. WEISS: That is not in any place. MS. TREVARTHEN: It doesn't say. It says noncommercial. MAYOR GROISMAN: I thought that is what it was. COUNCILWOMAN COHEN: I think it was. In practice. Okay. Okay. So end result, thinking about an end result. We as elected officials, would we be serving our constituents by perhaps reading this or structuring so that in fact our residents do have priority? Is that something that we want to? Is that to our residents or citizens or guests that they would be grateful for or it would be interesting for them that we give them, that we make the club or the membership, prioritize our residents? I mean, is that something that we want to look at? I mean, to get an end result. Like what are we after. MR. WEISS: I think he would be delighted to have anybody join his club. He is not trying Veritext Legal Solutions 800-726-7007 305-376-8800 Page 55 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 to exclude. Every resident of Bal Harbour could join his club if they had money. COUNCILWOMAN COHEN: I don't think that has ever been offered. MAYOR GROISMAN: I think what she is saying, and, honestly, I agree with you as far as that idea, which is for there to be some sort whether it's reserve spot or some sort of priority accommodation for Bal Harbour residents. Let me just go back to this because I don't want to keep going in circles. If we are trying to give, like we did last time, Jorge leave in the negotiation's direction, is it fair to say that everyone on the council would like, without getting into what the regulations are, we haven't even gotten there, but if there are going to be regulations, that they need to be part of an ordinance? So that way if he says he wants to be treated like everyone else, everyone else has an ordinance. In the residential community, we have ordinances. The buildings side has ordinances. The business district has ordinances. He would have to have ordinances as well because that way it's the law of the town. Of course, he can change it with three votes like anything else. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 167 1 / 18 19 20 2"1 22 23 24 25 MR. WEISS: Also lust to be very practical about this -- and for some reason Mr. Imbesi thinks I really don't like him at all. I have no opinion about this, but I will tell you that his pattern has been to do what he wants and just to deal with it later. Even with an ordinance, he is going to do what he wants. He will do whatever it is. If he violates the ordinance, cite him for code enforcement. He will go through a code enforcement hearing. He may get a fine. It all takes time. When you are dealing with someone I don't want to -- well, I don't care. When you are dealing -- COUNCILMAN FREIMARK: Richard, the fact of the matter is that people who don't want to follow the rules are not going to follow rules. Just like with that Airbnb going on in the buildings on the ocean and so on. MR. WEISS: The point that I'm trying to make -- COUNCILMAN FREIMARK: They are not going to do it. MAYOR GROISMAN: One second, one second, one second, everybody, please, we have a court Veritext Legal Solutions 800-726-7007 305-376-8800 Page 57 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 reporter. We need to talk one at a time because she has a problem. MR. WEISS: The point that I want to make, without any sort of personal opinion to be fair, is that this particular group is more likely than a normal person that you would deal with to be violating the rules. That is just -- that is my experience with them. MAYOR GROISMAN: Therefore, their reluctance to have set public rules. MR. WEISS: I am not making it at all personal. It's just I want you to be aware of who you are dealing with. COUNCILWOMAN COHEN: We need to be aware of that. COUNCILMAN ALBAUM: We need to think about that, I guess. ASSISTANT MAYOR SALVER: My only concern is that -- COUNCILMAN FREIMARK: I don't agree with that. I understand exactly what you are saying and there are going to be elements of the population that the rules are for everybody else and not for them, but we still have a responsibility, I believe, to construct the rules. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 58 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 If people choose not to follow the rules, then there is enforcement to go through. COUNCILWOMAN COHEN: Which has not been the case at all. MAYOR GROISMAN: One step at a time. COUNCILMAN FREIMARK: We can't put it in such a way that the rules are going to seem pliable or malleable for the individual. MR. WEISS: Oh, no. I wasn't suggesting that. COUNCILMAN FREIMARK: I know you are not. I carried that example to an extreme. I think our responsibility is to protect the village and put the right rules and ordinances in place and our judgment. If they choose not follow, then we turn to the village administration in whatever way, shape or form is out there for enforcement. MR. WEISS: That is an important point for us to have a consensus. COUNCILWOMAN COHEN: Can I just say? What you said is completely logical. I know as hard to believe as you may find it, this is not the way traditionally things have been done in Bal Harbour. Everything has been it is almost like we Veritext Legal Solutions 800-726-7007 305-376-8800 Page 59 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 have to deliberately make a concerted effort to not speed up the process in the spirit of resolution, to take a step a back and say, wait, what are we getting ourselves into. Let's take our time and let's riot rush it and let's do exactly what you are saying. That is a novel approach here. COUNCILMAN FREIMARK: It goes back to the point that you made earlier regarding the fact that we need to be thinking for the longer term. COUNCILWOMAN COHEN: Exactly. COUNCILMAN FREIMARK: And putting in motion toward the longer term. MR. GONZALEZ: What was -- Gabe, when you spoke to him about ordinance and not ordinance, I'm sure he -- MAYOR GROISMAN: Let me be clear when I spoke to him what I used as an incentive to agree to the ordinance, because going into the meeting, I knew from Jorge that he was very reluctant. He said he is not going to do it no matter what. So you know, when I speak to him, I don't speak to him on behalf of the council. We are not allowed to do those things. I am just trying to negotiate with him about what I would support, Veritext Legal Solutions 800-726-7007 305-376-8800 Page 60 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 which is the same thing you all guys can do individually and should if you feel it's appropriate. What I told him was, back to the same point that we said earlier, if you look at the code that says you can have a marina in the business district, right, that is very reflective of the COUNCILWOMAN COHEN: Spirit. MAYOR GROISMAN: -- of the way things work because there is no water in the business district. Right? So maybe the business district used to extend to the water, but the rest of the code was never cleaned up to take that part out because now there is no more water. If we were to enter into any of this kind of agreement in my mind, it doesn't make sense to have an ordinance that references, really, to use Jorge's analogy, the rest of the dog that is not there, this club, because it's about the rest of everything that is not there any more. So what I told him, I said, look, there needs to be ordinances, so that way the rules can be enforced. You say you want to be like everybody else. Everybody else has ordinances. We have to pass them, without even telling him Veritext Legal Solutions 800-726-7007 305-376-8800 Page 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ;7 18 19 20 21 22 23 24 25 what they are basically. I will work with you on what ordinances are reasonable, but there has to be an ordinance. If we do, I said, I'll even change, I'll support changing the ordinance so it reflects what you are doing, which is a marina or whatever it is. So because the whole club thing is, from my perspective, a construct. It's a construct. There is no club. What is the club? The club used to refer to the club. Now there is no club. There is a club membership, but there is not -- it doesn't seem like there is anything there. So what I was suggesting with no specifics, but we will even clean that up, and say, okay, so now this is what you are doing. This reflects reality. We will codify that, and it's going to have all these rules, and that is going to be part of that same ordinance. I thought that would be a very big incentive because he says he wants to sell the slips. He wants to condominiumize them. If you want to sell something for a lot of money, you hire lawyers and do due diligence and they are going to look at the code and say, wait, what am I buying into. What is this? So I thought there would be a lot of value. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 62 1 2 3 4 5 6 7 8 9 10 11 12 L3 14 15 16 L./ L8 -9 ?1 !2 '.3 )q I still think there is a lot of value for him to clean this all up. Right? Like the ordinances don't affect him financially. It might affect him personalitywise. COUNCILWOMAN COHEN: It will affect the sale if he wants to condominiumize. MAYOR GROISMAN: I think it will help him. COUNCILWOMAN COHEN: It will help him because people will know what they are getting into, but they will be strict, these conditions, considering it's inside a residential area. It might not be as liberal as other marinas. MAYOR GROISMAN: So just to go back to where we are at, is it fair to say, I think we have a majority, if you were to go back and tell him that this agreement has to have public teeth to it? MR. GONZALEZ: Let me ask a question because I hear what you are saying and I don't disagree with you. Any regulation, anything like that would need to be codified as part of an ordinance, but stepping back a second, the general construct of the settlement, does it sound like you guys can live with it or not? Because if you can't, then there is no sense in going forward. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 63 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 MAYOR GROISMAN: Let me address Ms. Cohen's comment from before, which was how can we in an agreement state that what they are doing is legal. Earlier versions of this agreement specifically didn't have that because who are we to say it's not legal, and, frankly, it doesn't look that way either, but we shouldn't be the judge and jury on that. What we are doing, because there is a lawsuit, is dismissing the lawsuit, and working with it. It can't be with prejudice. Right? MR. SEROTA: Well, it would be with prejudice with the court retaining the jurisdiction. MAYOR GROISMAN: No, no, but with prejudice, though, would not allow, arguably, would not allow the council to challenge how they are operating then. MR. SEROTA: That would be a new. If we enter into an agreement that contains all these restrictions and we are satisfied that this is what is acceptable to us, then it would be dismissed with prejudice. Now, if he started acting in some different way, we could then either move, you know, go Veritext Legal Solutions 800-726-7007 305-376-8800 Page 64 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 through code enforcement to say, you are operating, or if we felt there was some completely different thing that we felt that we would bring -- COUNCILWOMAN COHEN: Breach of contract. MR. GONZALEZ: Breach of the agreement. MR. WEISS: As we are talking about this ordinance, one of the problems that we have, we have ordinances in effect that we think he is violating. The problem is as was pointed out in our opinion, without a lawsuit, we really don't know what he is doing. One thing you may want to consider is, this is sort of like the Iran deal, which is, you know, you set standards, but they have to be very final, and there has to be some way for us to know, have some assurance of what he is doing. Otherwise, we are in exactly the same position they are, which is we have an ordinance, but we don't know whether he is violating. Let's say it says that you can only have 50 members. COUNCILMAN FREIMARK: That is the question I asked earlier. What are the reporting requirements? COUNCILWOMAN COHEN: Exactly. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 65 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 MR. WEISS: I think that needs to be in the ordinance. MAYOR GROISMAN: That needs to be in there as well. COUNCILWOMAN COHEN: First, we have to have a baseline, what is going on now. Your don't even have a baseline. You have no idea what is really going on in there. MAYOR GROISMAN: There is a lot. MR. GONZALEZ: There is a lot. We just can't prove it. MAYOR GROISMAN: If you ask me, we have enough evidence to prove it today. MR. GONZALEZ: Flip it backwards. Don't worry so much about trying to figure out what they are doing. Maybe figure out what you are willing to accept and offer those as the code. Say we are willing to accept this kind of operation with a code and enforceable, verifiable ways to make sure that is what is being done. If you are good with that, then we can go and figure out the details of it, but if you are not -- it really, what the end result here is if you really like it to be the resident only marina as perhaps was envisioned by the initial Veritext Legal Solutions 800-726-7007 305-376-8800 Page 66 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 developers, then this is not the approach, and I can tell you he is not going to agree to it. You are going to have to get it through a judge. MS. TREVARTHEN: Can I add to what Jorge had to say? Let's play that out. If we go down that path that we are not going to pursue the settlement agreement, we are back in court. Maybe Joe gets a lot more factual data about how they operate. We get this order that Gabe described that the court says, don't do this, do that. That is not going to be an ordinance. It's just an order. MR. GONZALEZ: We can pass an ordinance and say how we want it whether there is a judge or not. MS. TREVARTHEN: We can do that now as part of a settlement and resolve it in some way, but the end result of that litigation is not going to be -- MR. GONZALEZ: But the point of my question was if you, as a body, do not think that you can live with an operation kind of like what is going on there, maybe with some regulations, that is it's not commercial, and it's not chartering, but Veritext Legal Solutions 800-726-7007 305-376-8800 Page 67 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 if you don't live in Bal Harbour but you are a member and you can prove that you are a member and you can dock your boat at the marina, if you can live with that, then I think there is room for settlement and not litigation. If you can't, then the direction is just pursue the litigation. MAYOR GROISMAN: From my perspective, just from my perspective, this negotiation isn't dead. There is still a big opportunity here, I think he was testing to see what the council in the first meeting is going to do. So from my perspective if we are talking in general strokes, and we are going to, obviously, have to come back again, if we can get there, there has to be an ordinance. It has to be verifiable like Mr. Freimark has said for sure, and you can figure out what the mechanism is. Like what Ms. Cohen said, I agree with her as well, there should be and it hasn't been there at all, some sort of priority system that is reasonable, that members, residents of the overall Bal Harbour community should have some sort -- COUNCILWOMAN COHEN: Should have priority, first of all. MAYOR GROISMAN: Yes. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 68 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 COUNCILWOMAN COHEN: Second of ail, in the spirit, again, of democracy, which I seem to sort of be always kind of attracted to, have you gotten a sense of what your neighbors? How do they feel about this? Do you understand what I am saying? I know how you feel and you are pretty much affected because you live right there, but how do the others feel? Do they welcome this marina? Are they pleased with people, with commercial vehicles in and out all day servicing boats? I think in our buildings we get to chime in on those things. COUNCILMAN FREIMARK: We can try. COUNCILWOMAN COHEN: We can try, exactly. Doesn't always work, but if you get enough momentum, then you can, but here who has? MAYOR GROISMAN: It's very similar to the beach side of one of your buildings. The whole beginning of this impetus, from my involvement, is exactly that. Yes, I live in front of the marina. COUNCILWOMAN COHEN: You are affected. MAYOR GROISMAN: But I am friendly with almost everybody in the gated community, and the character of the marina did start to change. It used to be small little boats. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 69 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 COUNCILWOMAN COHEN: Quiet. MAYOR GROISMAN: People used to sit on the decks or whatever. The pier. MS. TREVARTHEN: The docks. MAYOR GROISMAN: The docks. I'm sorry. COUNCILWOMAN COHEN: It was part of life. MAYOR GROISMAN: It was part of the neighborhood life. Suddenly, it started changing, all the slips to mega -yacht slips. We started getting the mega -yachts that came in with commercial vehicles fixing them all day. COUNCILWOMAN COHEN: Of course, and staff. MAYOR GROISMAN: And staff. A big issue you will see reflected here that I think we got an e-mail from Mr. Imbesi related to overnight. So there was an ordinance before the council to stop overnight out on the boats at all. That was rejected. The argument from Mr. Imbesi was the mega -yachts have insurance requirements that someone is always on the boat. So an issue that is in the neighborhood and people in the neighborhood have said it specifically, given to Mr. Imbesi in the meeting I was with, somebody said that to him, which is the crew members that Veritext Legal Solutions 800-726-7007 305-376-8800 Page 70 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 live on the boat are big security risks. So somebody just lives on the boat. It's not when the owner is there. There are people there all the time, all the time. There have friends that come over at night and they have parties and girlfriends. COUNCILWOMAN COHEN: Exactly, and they will come in. Dubious company. MAYOR GROISMAN: There is no one checking them. Right now you go to this, quote/unquote, private neighborhood, because that district is in there, if they go to the front and say, we are going to the marina, they have to let them in because that is a different district. So they let them in. Sc that part of it is what we came up with. ASSISTANT MAYOR SALVER: Is that true? If I go to the gate and say, I'm going to the marina, they don't even ask for my ID? MAYOR GROISMAN: They don't ask. I know for a fact because there was an issue a few nights ago with some people soliciting money at 11:00 o'clock at night around the neighborhood. They weren't going to the marina, but when I called the police because I recognized these guys and they Veritext Legal Solutions 800-726-7007 305-376-8800 Page 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are shady individuals, the police stopped them, and I went to speak to the police officer after, how did they get in the neighborhood, and they made up some story, but when he asked the security guard, he said, oh, they just said they were going to the marina, so I let them in. COUNCILWOMAN COHEN: Okay. Gabe, I don't think most of the neighbors will be pleased with this. MAYOR GROISMAN: No, they are not. The answer to your question is, of course, they are not. In fact, there are some neighbors -- COUNCILWOMAN COHEN: By the way, I do not live there. MAYOR GROISMAN: There are some neighbors of mine that aren't happy with any of this, but that is mostly because they are affected by the plat, which I don't want to get into yet. That is separate. So this really isn't a me issue at all. COUNCILWOMAN COHEN: So where is the win/win for the residents? You should and all of us if we are representing the constituents, what are we here for? MAYOR GROISMAN: So I'll tell you. From my Veritext Legal Solutions 800-726-7007 305-376-8800 Page 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 _5 16 17 18 19 20 21 22 23 24 25 perspective, what the residents need is assurances that the operation that is in there is safe, that it is accessible, that it's not closed off. MR. GONZALEZ: It's not a nuisance. MAYOR GROISMAN: It's not a nuisance. They were at some point planning on closing off the whole thing with a hedge. The whole character of the neighborhood is sort of the free flow back and forth into there. Was this a perfect solution that I was trying to chase? Not at all. If this was a private dispute for me, I wouldn't be chasing it, but as a public official, I thought it was efficient that I was smart to try to reach a reasonable resolution with certainty for everybody so it would have a certain character, that it would be quiet at night. The biggest issues are people that rent the boats for the day, the amount of cars that are coming in and out. The night activities is tremendous and it's increasing. COUNCILWOMAN COHEN: You just said it's the biggest risk. The fact that they use it as an excuse to get into the community when you say you are going to the marina. MAYOR GROISMAN: And it's a little Veritext Legal Solutions 800-726-7007 305-376-8800 Page 73 1 2 3 4 5 6 7 8 9' 10 11 12 13 community of crew members now that live there. So those are all things that I was trying to address in an imperfect way, but there is a benefit to a resolution that we can control and not anything else. So I weighed all of it. Okay. Let's go for it. Let's try to reach a resolution. The parks thing is a big issue. I am not going to lie. If the civic association, if the homeowners in there can finally take ownership of those, that would be great, and, frankly, I think it would be great for the overall has been a cloud over 14 village and the gated village, too, because this the relationship between the community for years, and 15 this will help resolve that which we have been 16 trying to do for a few years. I don't want to do 17 that in expense of everything else we are dealing 18 with. 19 COUNCILWOMAN COHEN: Of course not. 20 MAYOR GROISMAN: That is my thought 21 nrn Ace r 22 23 So go ahead. COUNCILWOMAN COHEN: Forgive me, but my 24 mind -- I'm a woman. I guess we multitask in 25 mind. So now I am thinking, okay, in order to Veritext Legal Solutions 800-726-7007 305-376-8800 Page 74 1 check who is coming into the marina, eventually, 2 hopefully, we will add an ordinance that will say 3 that anybody going to the marina as well has to be 4 cleared by security. 5 MAYOR GROISMAN: You don't have to. The 6 civic association. 7 MR. GONZALEZ: The civic association. 8 COUNCILWOMAN COHEN: Theoretically right 9 now. Then you need more people at the front gate 10 because there are 30 or 40 slips there. 11 MAYOR GROISMAN: You don't need more people 12 at the gate. 13 COUNCILWOMAN COHEN: It's still going to 14 slow things down for the residents there. 15 MAYOR GROISMAN: It won't slow down at all, 16 at all. 17 MR. GONZALEZ: What you need to do is have 18 a mechanism that doesn't allow names to be added 19 that are not legit. That is where the dockmaster 20 comes in. 21 COUNCILWOMAN COHEN: How do you do that? 22 MAYOR GROISMAN: We came up with something 23 that is here. 24 MS. TREVARTHEN: It's in the rules and 25 regs, the beginnings of it. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 75 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 COUNCILWOMAN COHEN: I am sorry. The three girls that they invite tonight, they have to call the gate. MS. TREVARTHEN: It says nobody after 6:00. MR. GONZALEZ: It states the dockmaster has to do it. MAYOR GROISMAN: It has to be, the way that I dealt with that was it has to be, the crew member has to be registered specifically by the owner of the boat. MS. TREVARTHEN: That is what it says. COUNCILMAN FREIMARK: Where are we going with this? MAYOR GROISMAN: Because we have another issue. Are we clear that we are not deciding? We decided we are not going to sign this agreement. MR. WEISS: The direction is an ordinance enforceable, verifiable. MS. TREVARTHEN: And priority accommodation to the residents. MR. WEISS: Something for the residents. COUNCILMAN FREIMARK: And I think the solution should be to get to a settlement. Let's also keep in mind that a court can impose Veritext Legal Solutions 800-726-7007 305-376-8800 Page 76 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 something far worse. MAYOR GROISMAN: It's out of our control then. COUNCILWOMAN COHEN: Shouldn't the judge look at our code? Wouldn't that be the guiding principle? COUNCILMAN FREIMARK: It has been very clear. MAYOR GROISMAN: It's the clarity of the code, which makes this potentially -- COUNCILWOMAN COHEN: It's the murkiness of it. MAYOR GROISMAN: Yes, potential. MR. WEISS: The code has been there a long time. It has been there before me in all this. MAYOR GROISMAN: Richard, do we close this meeting before I open the next one? MR. WEISS: Yes, we do. Do your thing. MAYOR GROISMAN: The attorney/client session has now been terminated and the meeting is now open. The public is now invited to return for any further proceedings or matters. (Thereupon, the proceedings were concluded at 8:49 p.m.) Veritext Legal Solutions 800-726-7007 305-376-8800 • • • 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 Page 77 CERTIFICATE I, Mary G. Stephenson, FPR, State of Florida at 6 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 27th day of December, 2016. Mary G. Stephenson, FPR Veritext Legal Solutions 800-726-7007 305-376-8800 1& - asked] & 2:12 1 120 10:21 14 52:15 15-6568 1:15 3:22 17th 18:21 18 9:12 1990 16:12,13 2 2012 52:13 2013 22:23 52:15 52:16 2015 11:5 16:22 17:1 2016 1:19 77:11 27th 77:11 286.011 3:19 5:14 2:00 41:11 3 3 20:3 30 1:15 3:22,24 74:10 33154 1:18 4 40 74:10 5 50 38:7 64:21 501 20:3 6 655 1:18 7 7 1:19 7:35 1:19 3:17 8 800 46:17 8:49 1:19 76:24 9 96th 1:18 a abandoned 11:22 11:23 53:2 abide 28:23 30:2 able 17:17 24:1 47:17 absent 48:13,15,16 accept 36:22 41:19 65:17,18 acceptable 63:22 access 18:16 29:4,5 29:6 30:10 31:15 31:19 accessible 72:3 accommodation 29:19 55:9 75:20 accomplish 43:9,11 accomplishing 43:5 accounting 18:11 23:2,3 acquired 25:18 27:12 40:6 acquisition 37:17 acting 39:13 63:24 action 18:16 active 30:7 activities 20:18,21 20:22 72:20 activity 27:25 28:3 30:19,21 33:25 actual 22:9 add 66:4 74:2 added 74:18 additional 21:1 46:21 address 63:1 73:3 addressed 35:17 adjacent 31:11 adjudicated 37:19 administration 58:17 admitted 8:16 affairs 13:9 affect 62:3,3,5 aggressively 7:13 7:14 9:23 ago 26:4 34:11,11 34:11 35:20 70:22 agree 25:2127:17 35:24,24 36:5 43:3 55:6 57:20 59:18 66:2 67:18 agreed 28:2,23 29:13,21,25 30:15 36:5 38:23 48:7 agreeing 36:8,14 agreement 27:8 33:20,21 36:11 39:8 41:15 42:8 48:2,4,11,23,25 49:5,7 50:23 60:16 62:16 63:3,4,20 64:6 66:8 75:17 agrees 36:16 ahead 5:12 9:8 26:17 73:22 airbnb 56:18 al 1:13 albaum 2:4 3:10,11 4:3 11:16 15:14 16:19 18:24 22:9 22:14 34:3 36:20 39:11,17,22 48:19 49:1 57:16 alexander's 34:12 34:16 Veritext Legal Solutions Page 78 allow 49:22 52:16 63:16,17 74:18 allowed 13:6 29:14 51:7 59:24 allows 5:15 amount 44:11 72:18 analogy 14:3 33:11 60:18 analysis 17:18 analyze 54:1 ancillary 13:10 annual 22:15 answer 25:15 50:15 71:11 anybody 30:7 47:21 48:10 54:25 74:3 anybody's 35:18 anyway 45:8 appearances 2:1 appears 15:15 19:4 20:24 appellate 51:6 applicants 21:17 applied 17:4 approach 59:7 66:1 appropriate 37:19 60:3 approval 25:25 27:22 approved 27:21,22 architectural 33:3 area 8:6 11:24 15:9 16:5 62:11 areas 32:14 arguably 63:16 arguing 41:6 argument 69:19 asked 8:7 16:25 26:5 34:15 64:23 800-726-7007 305-376-8800 [asked - certainty] Page 79 71:4 asking 5:25 8:22 23:24 29:23 32:19 36:21 50:19,21 assessment 44:20 assigned 30:8 assistant 2:3 3:8,9 4:1 9:2,5 20:4 42:7 42:17,21 44:4,14 49:11 52:7,12 57:18 70:17 association 31:3 32:16,18 38:8,14 38:25 73:9 74:6,7 assume 43:21 assuming 44:3 assurance 64:17 assurances 72:1 assured 49:2 attendance 3:25 attorney 1:9 2:10 3:18 5:16 6:21 7:1 23:12 76:19 attorney's 7:23 8:1 attorneys 4:5 7:4 attracted 68:3 audits 39:16 authorized 26:11 26:16 77:6 available 18:15 24:20 avoiding 32:1 aware 44:10 57:12 57:14 awhile 49:12 b b 40:16 back 12:2,5 16:12 34:24 39:9 48:24 53:25 55:10 59:3,8 60:4 62:13,15,22 66:8 67:13 72:8 background 5:7 7:20 8:3,25 9:9 19:6 backwards 65:14 bad 47:20 bal 1:7,13,14,17,18 3:20,21 16:7,11 29:2,16 40:25 51:1 51:2 52:5 54:4 55:1 55:9 58:24 67:1,22 ball 17:9 bar 13:5,8 barrel 47:1,2 bars 13:4 based 8:8,12,16 17:20 23:10 27:8 42:9 baseline 65:6,7 basically 9:1 12:14 16:1 21:25 22:3 26:24 61:1 basin 12:19 33:14 35:6 basis 22:15 bay 29:2 beach 12:16,18,21 68:18 began 44:18 beginning 23:8 68:19 beginnings 74:25 begun 24:10 behalf 59:23 believe 23:6,7 57:25 58:23 benefit 32:8 73:4 benefits 21:15 best 53:19 bet 44:1 beyond 7:17 39:24 big 12:24 14:7 61:19 67:9 69:13 70:1 73:8 biggest 36:10 72:17 72:22 bit 5:10 10:16 12:2 20:24 50:21 blatant 40:17 blows 39:20 blue 17:25 board 33:3 boat 22:1128:19 30:6,20,22,23 67:3 69:21 70:1,2 75:10 boats 68:10,25 69:17 72:18 body 66:22 boniske 2:12 books 18:11,13,14 bought 46:18 box 31:19 brand 16:3 breach 7:5 40:17 48:25 64:5,6 break 23:20 brick 29:18 bring 64:4 build 46:5 builder 33:4 building 12:24 30:22 buildings 55:21 56:18 68:11,18 bunch 12:10 22:2 45:20 business 14:13,14 14:25 15:16 17:5,6 35:13 55:22 60:6 60:10,11 buying 61:24 c c 20:377:1,1 ca 1:15 3:22 call 3:4,5 4:25 5:8 26:13 41:10,12 75:2 called 12:15,16 24:5 34:13 35:7 36:6,7,7 70:24 calling 3:2 calls 29:10 canceled 24:24 captain 30:6,12 care 56:13 cares 40:22 carried 58:12 carrot 38:1 43:20 cars 72:19 carve 13:24 carved 14:6 case 1:15 3:22 4:24 5:8,20,20 6:17 8:4 8:18 9:10 10:9,9,13 10:17,17 11:8 15:10 17:19,22 23:8 24:8,11,24 42:1 43:7,12,13,14 43:15,16 49:14 51:4 58:4 cases 5:16 categories 10:21 category 17:6 caught 38:4 cease 22:25 center 12:19 certain 30:6,11 31:22 72:16 certainly 24:5,7 certainty 18:18 72:15 Veritext Legal Solutions 800-726-7007 305-376-8800 [certified - considering] Page 80 certified 4:8 certify 77:6 cetera 35:10 38:11 challenge 63:17 challenged 9:14 46:16,19 challenging 46:7 chance 52:4 change 36:17 40:15 42:12 55:25 61:4 68:24 changed 22:5 39:3 changes 36:15,18 40:12 42:10 changing 42:15 61:4 69:8 character 51:19 68:24 72:7,16 charter 31:24 chartering 28:2 66:25 charters 51:21 chase 72:11 chasing 72:12 check 21:19 74:1 checking 70:9 chew 10:17 chime 68:11 choose 58:1,16 circles 55:11 cite 56:9 citizens 54:17 city 23:12 35:25 36:19 52:3 civic 31:3 32:15,17 38:14,25 73:9 74:6 74:7 claim 26:2,2 44:23 claiming 28:6,8 claims 30:24 52:11 clarification 4:15 6:16 clarified 27:24 clarify 10:1 clarity 76:9 clean 38:6 61:14 62:2 cleaned 60:13 clear 27:13 34:23 35:1 37:1 38:14 39:5 45:13 52:19 59:17 75:16 76:8 cleared 74:4 clerk 2:14 client 1:9 3:18 5:16 5:17 6:21 7:1 76:19 close 22:25 76:16 closed 72:3 closing 72:6 cloud 73:13 club 1:13 3:20 4:25 5:8 8:4,7,9,22 9:12 11:9,11 12:16,16 12:18,18,21,23,24 13:4,10,15,16 20:17,18,20 21:14 21:23,23 22:20,22 29:14,16 35:7,8 42:24 43:3 49:23 53:8 54:20,25 55:2 60:19 61:6,8,8,9,9 61:10,10 code 14:6,8,11 15:1 17:15,16,21 27:18 27:23 28:1,14,14 33:1 35:3,9 50:15 53:24 56:9,10 60:5 60:13 61:23 64:1 65:17,19 76:5,10 76:14 codified 62:21 codify 61:16 cohen 2:4 3:12,13 4:3 10:23 11:1 12:12 13:14,23 14:8 15:10 16:9,13 28:5 31:11 35:17 36:21 37:6,13 38:10 40:4,11,23 41:3,18 42:19 43:18 44:7 45:10 45:18 46:3,17 47:7 47:10,22 49:9 50:1 50:5,18 51:25 53:22,23 54:10 55:3 57:14 58:3,21 59:11 60:8 62:5,8 64:5,25 65:5 67:18 67:23 68:1,14,21 69:1,6,12 70:7 71:7 71:13,21 72:21 73:19,23 74:8,13 74:21 75:1 76:4,11 cohen's 63:1 cole 2:12 combine 4:18 come 20:11 26:24 28:20 30:12 40:21 40:21 67:13 70:5,8 comes 16:3 17:24 31:24 74:20 comfortable 5:25 coming 22:10,15 30:10 51:24 72:19 74:1 comment 46:25 52:25 63:2 comments 48:3 commercial 11:10 15:23 18:8,9 21:20 22:22 27:25 28:2 30:19 33:24 34:7 36:23 49:24 66:25 68:9 69:11 commits 33:12 community 27:12 31:5,13 38:5 40:20 44:20 45:22 47:16 55:20 67:22 68:23 72:23 73:1,14 company 70:8 compel 9:19 21:1 22:19 47:18 52:18 compelling 42:4 complaining 16:23 complaint 41:9 complaints 8:5 complete 77:8 completely 43:18 58:22 64:2 compliance 11:9 concept 12:3 concern 57:18 concerned 10:14 concerted 59:1 conciliatory 41:19 concluded 76:23 conclusion 4:9 6:20 17:20 concrete 47:25 conditions 62:10 condo 28:16 condominiumize 61:20 62:6 confidential 5:19 confidentiality 6:2 conflict 38:17 consensus 58:20 consider 43:6 53:19 64:13 considering 62:11 Veritext Legal Solutions 800-726-7007 305-376-8800 [consolidated - diligence] Page 81 consolidated 13:19 constituents 54:14 71:23 construct 57:25 61:7,8 62:23 construction 45:7 contains 63:20 context 18:5 continue 27:20 41:24 44:22 45:4 continues 42:11 contract 64:5 contracts 28:18 control 51:21 73:4 76:2 conversations 27:3 conversely 44:23 copy 6:10 correct 6:24 12:8 14:16,21 51:5 52:2 53:13 costly 43:24 costs 25:11,14 council 5:13 6:18 8:4,11 16:25,25 17:14 19:17 26:10 26:16 33:16 35:19 38:13 39:25 40:18 40:21,22,22 47:18 55:14 59:23 63:17 67:10 69:16 councilman 2:4,5 3:10,11,14,15 8:10 11:16 12:1 15:14 16:19 18:24 20:1,6 22:9,14 34:2,3,5 36:20 39:11,17,22 44:12 48:13,16,19 49:1,4 56:15,22 57:16,20 58:6,11 13:19 59:8,12 64:22 68:13 75:12,23 76:7 councilmember 4:2 4:2 councilmembers 2:2 councilwoman 2:4 3:12,13 4:3 10:23 11:1 12:12 13:14 13:23 14:8 15:10 16:9,13 28:5 31:11 35:17 36:21 37:6 37:13 38:10 40:4 40:11,23 41:3,18 42:19 43:18 44:7 45:10,18 46:3,17 47:7,10,22 49:9 50:1,5,18 51:25 53:23 54:10 55:3 57:14 58:3,21 59:11 60:8 62:5,8 64:5,25 65:5 67:23 68:1,14,21 69:1,6 69:12 70:7 71:7,13 71:21 72:21 73:19 73:23 74:8,13,21 75:1 76:4,11 counterclaim 10:11 11:5 countersued 10:2,4 country 13:4 counts 52:20,21 couple 11:19 53:3 course 40:11 55:24 69:12 71:11 73:19 court 4:8 5:19 9:15 44:16 48:24 51:6 56:25 63:13 66:8 66:11 75:25 covenant 33:12 cover 33:5 created 31:4 crew 69:25 73:1 75:8 criteria 20:23 53:11 critical 24:10 cul 35:6 current 12:4 13:22 20:13 currently 33:16 cut 33:10 cutting 30:20 44:2 44:4 d daily 51:21 dangling 27:7 danie 2:15 3:5,8,10 3:12,14,16 4:13 data 66:9 date 10:24 25:10 dated 77:11 daughter 21:12 david 2:4 4:2 day 28:21 44:8 51:16 68:10 69:11 72:18 77:11 de 35:6 dead 67:8 deal 39:6,7 56:6 57:6 64:14 dealing 5:2 7:12 37:24 56:12,14 57:13 73:17 dealt 75:8 december 1:19 77:11 decided 75:17 deciding 75:16 decision 24:13 42:2 decisions 48:1 decks 69:3 declaratory 8:23 10:4,5 18:17,23 23:11 dedicated 45:23 deed 30:24 46:22 47:15 deeded 31:3 deemed 7:5 define 47:2 definition 50:25 deliberately 59:1 delighted 54:24 democracy 68:2 demonstrate 41:21 deposition 23:19 depositions 19:11 19:14,15 24:9 described 41:7 66:10 detail 37:15 details 37:5,7 65:22 determination 20:8 determine 18:8 19:20 detroit 12:11,12,13 develop 29:22 developed 45:23 developers 66:1 development 33:1 33:13 deviate 41:25 difference 43:8,10 different 6:25 23:16 43:19 49:16 49:25 50:22 63:24 64:3 70:14 diligence 61:22 Veritext Legal Solutions 800-726-7007 305-376-8800 [direction - extremely] direction 39:9 55:13 67:6 75:18 directly 31:3 disagree 40:9 62:20 disclose 6:18 disclosure 7:5 discontinued 15:25 discovery 9:14,22 17:12 20:11 24:16 52:22 discussed 4:9 30:16 44:13 disguised 21:4 dismiss 10:17 52:21 dismissal 10:9 dismissed 52:10 63:23 dismissing 63:9 dispute 72:12 disputed 15:23 distributing 19:24 21:6 district 14:13,14,25 20:17 34:22,24,25 35:1,2,8,9,13 55:22 60:7,11,11 70:11 70:14 dividends 21:3 dock 28:19 30:23 67:3 docking 15:4 dockmaster 19:12 30:8 74:19 75:5 docks 69:4,5 document 45:21 documents 9:16,16 9:17 10:22 19:9,19 20:23 22:23 23:1,4 24:18 52:22 dog 14:3,4 46:6 60:18 dogs 29:5,18 doing 17:17 32:2 38:13 42:16 44:7 45:5 52:17 61:5,15 63:3,8 64:12,17 65:16 dollars 44:9 domain 45:2 double 43:1 draft 9:6 drafted 38:21 drive 29:2 driveway 29:18 dubious 70:8 due 61:22 dues 22:13 28:10 dunk 23:12,13,19 dwight 2:15 e e 2:3 42:9,14 69:15 77:1,1 earlier 59:9 60:5 63:4 64:23 early 52:8 easement 44:24 easements 32:11,14 effect 64:9 efficient 72:14 effort 59:1 eight 27:11 either 63:7,25 elected 54:13 elements 57:22 eliminates 39:8 emergency 30:21 eminent 45:2 employ 21:10 ended 13:18 14:2 ends 27:6 enforce 36:2,13,19 45:1 48:20,24 enforceable 65:19 75:19 enforced 60:23 enforcement 17:15 17:16,22 39:12 48:17 56:10,11 58:2,18 64:1 enforcing 29:8 enjoyed 29:7 enjoyment 31:10 enter 60:15 63:20 enterprises 3:21 enthusiasm 23:7 entire 53:4 entirely 6:22 entities 18:13 entitled 27:19 entity 17:7 31:4 35:25 envisioned 65:25 esq 2:12,13,13 essence 33:18,20 essentially 13:25 establish 54:3 establishments 12:14 estimated 3:23 et 1:13 35:10 38:11 evaluate 53:21 evening 3:2 eventually 13:11 74:1 everybody 5:5 7:6 12:17 19:13,16,16 52:5 56:25 57:23 60:24,24 68:23 72:15 evidence 18:6,7 65:13 evolutionary 16:16 16:18 Page 82 exactly 19:1 20:9 29:12 40:23 41:5 41:13 46:3 57:21 59:6,11 64:18,25 68:14,20 70:7 example 19:23 28:15 58:12 excellent 25:5 exception 5:15 excessive 20:25 exclude 55:1 exclusive 31:9 45:24 47:4 51:2 exclusively 29:18 49:21 54:3 excuse 10:24 72:23 executive 4:16 5:2 5:5,10,14 7:18 25:2 25:17,22 26:8 29:24 30:25 33:6 37:4 38:23 existed 33:22 existing 11:10 exorbitant 53:9 expense 73:17 expenses 44:3 expensive 23:23 44:10 experience 57:8 expert 19:20,20 24:9,13,15 25:4,7 25:10 experts 24:11 explained 48:6 explore 37:25 expressed 37:13 extend 60:12 extensive 43:23 extreme 58:12 extremely 7:14 8:13 43:24 Veritext Legal Solutions 800-726-7007 305-376-8800 [f - gonzalez] Page 83 f first 5:4 10:20 48:13,16 49:4 55:12 f 77:1 13:14,16 15:21 56:15,22 57:20 given 26:1 27:5 face 27:2,2 16:21,24 18:4 58:6,11 59:8,12 69:23 facilities 15:5 24:20 27:14 36:11 64:22 67:15 68:13 giving 10:13 fact 6:13 17:8 25:8 65:5 67:10,24 75:12,23 76:7 global 27:4 27:17,18 45:6 fish 30:20 friendly 68:22 go 4:17 5:12 9:8 46:14 54:15 56:15 fixing 69:11 friends 12:10 70:4 12:5 23:17 24:24 59:9 70:21 71:12 flamingo 3:21 front 68:20 70:12 26:17,25 30:8,23 72:22 flavor 20:15 23:5 74:9 32:16 33:2,15 37:6 factual 24:6 66:9 flip 65:14 fulfilling 32:5 38:25 41:12 44:25 fair 55:13 57:4 florida 1:18,24 further 12:2 29:22 48:10,20 49:6 62:14 3:19 11:22 20:5,7 29:22 33:13 76:22 52:16 53:25 55:10 faith 17:22 36:22 77:5 g 56:10 58:2 62:13 39:13 41:22,22 flow 72:8 g 1:23 77:5,15 62:15 63:25 65:21 focus 34:24 66:6 70:10,12,18 far 19:7 20:11 follow 17:21 56:16 gabe 24:1 39:17 73:6,22 35:11 55:6 76:1 49:2 52:25 53:1,6 father 19:11 56:17 58:1,16 59:14 66:10 71:7 goes 16:12 18:10 fathers 54:2 following 3:1,24 gabriel 2:3 3:25 29:11 59:8 favor 48:11 27:14 gain 46:21 going 4:15,25 5:1,8 foregoing 77:7 6:24 8:6 9:11 14:20 favorable 8:21 gassing 30:20 feel 60:2 68:4,6,8 forget 49:19 gate 30:9 46:11,12 16:5 17:6 19:15 feeling 37:13 forgive 73:23 46:12 70:18 74:9 23:6 26:13,14 30:1 form 58:18 30:7 39:7 40:14 fees 7:23 8:1 74:12 75:3 felt 23:9 64:2,3 formalities 4:17 gated 27:12 31:4,13 42:8 44:19 45:9 figure 17:11 42:15 formed 12:9,10 38:5 40:20 44:20 47:16 49:12 55:11 65:15,16,22 67:16 16:1 22:3 47:16 52:6 68:23 55:16 56:7,17,18 file 11:3 20:2 23:11 forth 13:9 72:9 73:14 56:22 57:22 58:7 forward 62:25 59:19,21 61:16,17 filed 8:22 10:8,10 general 62:22 10:11 11:4,5 18:25 fought 9:13 67:12 61:23 62:25 65:6,8 19:1 25:24 found 9:25 18:3 generally 37:3 66:2,3,7,12,19,23 20:19 67:11,13 70:13,18 filling 33:13 generic 33:18 final 64:15 founding 54:1,2 gentleman 40:6 70:24 71:5 72:24 fpr 1:23 77:5,15 73:8 74:3,13 75:12 finally 73:10 framework 26:25 41:23 44:10 75:17 financial 8:14 9:16 getting 14:10 42:3 19:8,20 20:23 27:8 55:15 59:4 62:9 gonzalez 2:8 4:4 22:23 frankly 63:6 73:11 69:10 9:4,7 10:1 13:19,24 free 27:13 72:8 15:19 16:16 17:2 financially 62:3 girlfriends 70:6 freeze 44:19 20:3,9 22:13 25:16 find 10:7,18 19:2 girls 75:2 40:19 58:23 freimark 2:5 3:14 give 8:25 9:19 27:2 28:8 29:12,21 fine 56:11 3:15 4:2 8:10 12:1 20:15 31:25 39:9 30:19 31:8,12,16 20:1,6 34:2,5 44:12 51:8,9,15 54:19 32:1,10,23 33:7,9 Veritext Legal Solutions 800-726-7007 305-376-8800 [gonzalez - instruction] 35:4 37:1,10 39:5 39:15 40:8,14 41:6 41:13,16 42:3,11 44:6,18 46:19 47:9 47:14 49:17 50:3,9 53:12 59:14 62:18 64:6 65:10,14 66:14,21 72:4 74:7 74:17 75:5 good 3:2 7:11 17:22 20:12 36:22 37:23 39:13 65:21 gotten 20:16 55:16 68:3 governed 32:25 grant 29:4,5 32:11 granted 9:15 18:16 32:15,25 grass 44:2,5 grateful 54:18 great 17:25 18:1 26:23 52:5 73:11 73:12 green 43:23,23 44:11 45:20,23 groisman 2:3 3:2,6 3:7,17 4:1 6:15 11:3,13 13:1,13,16 13:21 14:16 15:12 15:15,20 16:7 24:15,20 25:23 29:10 31:6,9,14 32:3 34:8 35:5,19 37:5,8,15 38:11 39:19,24 40:9,12 40:16,24 41:5,10 41:14 42:5 45:15 46:7 47:20,24 48:15,17 49:6,10 50:7,13,20 52:2,10 52:19 53:22 54:8 55:5 56:24 57:9 58:5 59:17 60:9 62:7,13 63:1,15 65:3,9,12 67:7,25 68:17,22 69:2,5,7 69:13 70:9,20 71:10,15,25 72:5 72:25 73:20 74:5 74:11,15,22 75:7 75:14 76:2,9,13,16 76:19 group 26:15 57:5 guard 71:5 guardhouse 30:9 guess 57:17 73:24 guests 30:4,13 31:22 54:18 guiding 25:6 76:5 guys 41:1 44:10 60:1 62:24 70:25 h half 53:15 hall 1:17 hand 27:10 43:5 46:20,20 53:6 happen 35:12 53:15 happened 6:11 16:14 19:7 happening 38:22 40:5 happens 6:19 happy 37:24 71:16 harbour 1:7,13,14 1:17,18 3:20,22 16:7,12 29:16 41:1 51:1,2 52:5 54:4 55:1,9 58:25 67:1 67:22 hard 58:22 hear 7:15 51:22 62:19 heard 16:21 44:12 51:22 hearing 17:4 24:21 26:3,6 27:15 56:11 hedge 72:7 held 32:7 helfman 2:11 help 19:20 26:22 62:7,8 73:15 helping 25:6 hire 61:22 hired 19:19 historically 44:21 history 12:3 home 28:16 33:4 52:3 homeowners 38:8 73:9 homes 33:2 honestly 55:6 hope 40:22 hopefully 74:2 hour 30:7,11 hours 30:3 35:11 house 34:12,16 46:5 47:8 huffing 47:22 hundred 10:15 i idea 31:16 35:22 55:7 65:7 ideal 33:22 illegally 8:19 43:4 imagine 40:25 imbesi 21:15 23:20 23:21 25:18 26:15 29:13 34:10 36:4 38:2 43:21 56:2 69:15,19,24 Page 84 imbesi's 21:11,11 21:11 imbesis 13:21 19:11 26:24 imperfect 73:3 impetus 68:19 important 17:13 34:19,19 46:1 58:19 impose 75:25 incentive 59:18 61:19 included 28:24 including 18:13 income 22:10 increasing 72:20 indicated 29:1 indicating 28:11 individual 58:8 individually 60:2 individuals 4:11 71:1 inertia 16:15 information 8:8,12 8:14,15 17:12,13 17:20,23 18:1,11 18:19 20:12 21:2 22:17,20 23:10,15 23:17,25 24:4 30:10 45:12 52:18 initial 19:3 27:9 65:25 initially 16:20 initiate 11:1 17:15 inside 27:11 47:16 62:11 inspect 34:3 instructed 44:19 instruction 27:4 31:1 37:2 Veritext Legal Solutions 800-726-7007 305-376-8800 jay 2:12 jeff 4:2 jeffrey 2:5 jeopardy 47:17 jews 13:6,7 job 26:23 [instructive - look] instructive 51:8 insurance 69:20 insure 39:13 insured 34:6 intelligent 42:2 intended 20:19 intent 14:17 32:6 interesting 54:19 internal 19:8 interrogatories 10:15 invest 41:22 investigate 18:10 investigation 18:12 invite 75:2 invited 29:17 76:21 involved 20:21 25:12 involvement 68:19 iran 64:14 irs 20:7 issue 11:8 17:6 21:25 26:21 34:19 40:1 45:2 46:9,11 49:15,18 50:25 52:4 69:13,21 70:21 71:20 73:8 75:15 issued 9:1 23:9 issues 5:1 11:8 16:6 24:7 34:18 51:23 72:17 issuing 8:20 joe 4:5 9:8 14:10 15:21 18:2 21:10 21:11,11 23:20 28:17 29:13 34:13 39:9 50:11 51:4 66:9 join 54:25 55:2 jorge 2:8 4:4 36:7 39:2 40:12 50:2,21 52:1 55:12 59:20 66:4 jorge's 60:18 joseph 2:13 kosher 37:18 judge 42:23 50:16 50:17 51:6,15 52:16,23 53:7,15 63:8 66:3,15 76:4 judge's 24:13 judging 50:10 judgment 8:23 10:4 10:5 18:17,23 23:11 24:6 58:15 jump 34:8 50:13 jurisdiction 63:14 jury 50:16,17 63:8 k kaufman 25:4 keep 19:3 20:16 26:13,20 55:11 75:25 keeps 28:1143:22 51:18 key 11:8,8 1 ; kind 8:17 14:4,7 24:23 27:5,24 29:12 30:1,22 33:13,18,20 35:12 37:3 39:12 49:23 51:9 60:15 65:18 66:23 68:3 kinds 14:23 knew 32:3 59:20 know 7:10 17:7 22:7,14 23:20,21 24:3,5 25:20,23 30:2 34:10,15 37:14 39:6 42:21 44:23 45:1,11 49:11,12,15 58:11 58:22 59:22 62:9 63:25 64:12,14,16 64:20 68:6 70:20 1 la 49:23 50:5 land 40:6 lands 47:1 large 27:9 77:6 latest 30:18 law 5:15 11:22 55:24 lawsuit 11:4 17:24 26:12,13 34:20 39:22,23 63:9,10 64:11 lawsuits 37:25 lawyers 61:22 lays 53:1 leadership 38:16 leads 11:19 leave 4:12 55:12 led 25:21 left 4:135:638:7 legal 15:6 16:6 18:12 23:9 45:17 45:21 49:19 63:3,6 legally 8:9,24 42:25 legit 74:19 26:14 22:2 38:20 Page 85 legitimate 14:6 leverage 46:21 47:14 liberal 62:12 lie 73:9 life 69:6,8 lift 46:21 lifted 47:15 lighting 36:12 limited 8:13 11:24 15:5,8 21:15 52:23 lines 42:18 lipstick 22:2 list 24:24 litigating 7:13 litigation 3:20 4:9 4:20,21 5:22 6:9,20 7:17 9:11 13:17 19:7,18 27:15 33:23 37:22 49:12 66:19 67:5,6 little 5:7,10 9:10,12 47:24 50:21 51:20 68:25 72:25 livable 37:3 live 62:24 66:23 67:1,4 68:7,20 70:1 71:14 73:1 lives 70:2 llc 3:21 lock 33:21 locks 33:20 logical 58:22 long 11:16 27:13 28:21 76:14 longer 36:8 59:10 59:13 look 10:15 22:4 35:8 50:14 54:22 60:5,21 61:23 63:7 76:5 Veritext Legal Solutions 800-726-7007 305-376-8800 [looked - negotiated] looked 47:2 looking 21:5 23:5 looks 21:5,7,19 loose 27:6 lost 10:18 lot 8:14,16 12:25 13:7 17:10 22:16 28:13 31:19 32:2 33:19 34:17,24 37:2 38:22 45:8 47:22 61:21,25 62:1 65:9,10 66:9 lots 32:20,24 35:14 m m 2:8 mail 42:9 69:15 mails 42:14 maintain 31:20,21 43:24 47:17 maintained 44:21 maintenance 45:9 majority 15:12 62:15 making 57:11 malleable 58:8 manager 2:7 4:4 7:4 26:11,16,22 mandate 53:23 manner 18:15 27:20 march 11:5 18:21 marina 11:10,11,21 11:21,24 12:4,4 14:18,20,23,24 15:2,7,7,23,24 16:3 16:4 17:16 18:8 21:20 26:21 27:16 28:4,19 29:1,6 30:22 33:8,12,14 35:5 36:23 43:17 47:9,11 49:21 50:25 51:2,20 52:4 53:5 60:6 61:5 65:24 67:3 68:8,20 68:24 70:13,18,24 71:6 72:24 74:1,3 marinas 14:11,12 62:12 mary 1:23 77:5,15 matter 1:13 24:11 26:19 45:4,6 50:3 56:16 59:21 matters 26:18 27:6 76:22 76:19 mean 22:20 23:2,19 23:20 26:22 32:6 42:24 52:20 53:1 53:18 54:21,22 meaning 33:25 means 16:11 18:18 33:1 mechanism 48:18 67:17 74:18 meet 34:13,16 meeting 3:3,25 6:19 36:4 40:21 mayor 2:3,3 3:2,6,7 47:25 59:19 67:11 3:8,9,17,25 4:1 6:15 9:2,5 11:3,13 13:1,13,16,21 14:16 15:12,15,20 16:7 20:4 23:19,24 24:15,20 25:23 29:10 31:6,9,14 32:3 34:8 35:5,19 37:5,8,15 38:11 39:19,24 40:9,12 40:16,24 41:5,10 41:14 42:5,7,17,21 44:4,14 45:15 46:7 47:20,24 48:15,17 49:6,10,11 50:7,13 50:20 52:2,7,10,12 52:19 53:22 54:8 55:5 56:24 57:9,18 58:5 59:17 60:9 62:7,13 63:1,15 65:3,9,12 67:7,25 68:17,22 69:2,5,7 69:13 70:9,17,20 71:10,15,25 72:5 72:25 73:20 74:5 74:11,15,22 75:7 75:14 76:2,9,13,16 69:24 76:17,20 mega 69:9,10,20 member 22:20 28:21 38:15,16 67:2,2 75:9 members 6:18 8:15 21:14,22 54:2,4 64:21 67:21 69:25 73:1 membership 20:23 21:15 22:13 28:4 28:10,11,22 33:25 34:7 49:23 53:11 54:20 61:10 memberships 28:17 memory 12:6 mess 20:24 38:6 met 34:10,17 48:7 mind 19:3 20:16 35:18 60:16 73:24 73:25 75:25 mindful 6:13 mine 71:16 minutes 3:24 missed 13:13 Page 86 mistake 12:7 mitzvahs 13:6,8 moment 9:1 momentum 68:16 money 18:10 22:15 55:2 61:21 70:22 months 9:12 28:17 28:18,20 35:20 mood 41:19 morning 30:17 41:11 motion 9:19 25:24 52:18 59:12 move 4:17 52:21 63:25 moved 12:17 22:19 moving 21:1 multitask 73:24 municipality 36:1 murkiness 76:11 murmurs 17:3 n name 21:18 named 4:11 names 21:16 74:18 necessarily 23:3 40:8 necessary 32:11 need 6:12 21:17 23:4 25:9 32:13,16 33:2,15 50:11 53:7 55:17 57:1,14,16 59:10 62:21 72:1 74:9,11,17 needed 19:2 needs 28:21 30:7 49:4 60:22 65:1,3 negotiate 26:18 48:5 59:25 negotiated 29:20 Veritext Legal Solutions 800-726-7007 305-376-8800 [negotiating - part] negotiating 26:23 negotiation 67:8 negotiation's 55:13 negotiations 44:18 neighborhood 69:8 69:22,23 70:11,23 71:3 72:8 neighbors 68:4 71:8,12,15 neither 50:16 never 9:4 22:5 60:13 new 5:13 11:23 14:11,12,20,24 15:7 16:3,4 50:24 52:4 63:19 night 70:5,23 72:17 72:19 nights 70:21 noise 30:4,5 41:17 noncharter 27:25 noncommercial 11:15 19:5,21 20:14 23:10 24:1 27:18,25 33:25 35:10 36:24 41:20 41:23 51:19 53:7 54:7 nongated 38:10,11 nonprofit 11:13,14 19:21 20:1,7 27:24 34:1 nonpublic 15:1,2,7 normal 57:6 notary 1:23 notes 77:9 notice 26:1 novel 59:6 nuances 32:2 nuisance 72:4,5 number 1:15 3:22 19:12,13 0 o'clock 30:14,16 70:23 obviously 12:6 39:11 67:13 ocean 13:25 56:19 oceanfront 13:12 oceania 12:20 offer 25:20 27:9 43:22 65:17 offered 32:4 55:4 officer 71:2 official 72:13 officials 54:13 offload 44:2 oh 26:9 42:11 58:9 71:5 okay 21:5 28:14 33:7 37:14,18 41:25 51:13 54:12 54:12 61:14 71:7 73:6,25 old 15:24 once 23:15 31:17 33:9 35:23 ones 40:20 online 27:3 open 7:24 31:18 76:17,21 openly 5:16 operate 14:12 27:19,20 41:24 43:24 53:7,10,16 53:16,24 66:10 operated 12:22,23 operating 8:9,18,24 11:9,17,18 15:15 15:22 16:2 17:8 19:22 22:1,1,4,8 27:17,21 36:23,24 39:8 40:16 42:25 43:4 49:24 50:14 63:18 64:2 operation 10:8,19 14:6 15:25 18:8 22:5,25 27:16 28:22 30:4,22 33:21,22 35:11 41:20,24 43:17 65:18 66:23 72:2 opinion 8:7,12,21 9:1 18:6,6 23:9,14 24:11,14 51:9 56:4 57:4 64:11 opinions 51:8 opportunity 10:7 10:18 18:1 37:21 50:22 67:9 opposition 25:24 order 3:3 47:25 53:21 66:10,13 73:25 ordinance 30:5 36:3,6,9 39:18,19 41:8,17 48:19,23 49:3 55:18,20 56:7 56:9 59:15,15,19 60:17 61:3,4,18 62:22 64:8,19 65:2 66:12,14 67:14 69:16 74:2 75:18 ordinances 35:14 35:23 51:17 55:21 55:21,22,23 58:14 60:22,24 61:2 62:2 64:9 organized 20:20 orientation 45:13 original 10:23 Veritext Legal Solutions Page 87 originally 12:7,9 outcome 49:20 51:3 51:4 outlining 51:6 outset 15:16 outside 7:3,3,4,16 overall 51:1 67:21 73:12 overnight 30:4 69:15,17 owned 13:17 46:23 owner 13:22 30:5 30:12 70:3 75:10 ownership 13:20 27:10 31:18 37:16 45:25 46:1,10 73:10 owning 46:4 owns 46:14 47:3,7 47:9,10,21 p p.a. 2:12 p.m. 1:19,19 3:17 76:24 pages 10:15 paid 38:15 pandora's 31:19 papers 38:20 parallel 38:3 parameters 37:3 parcel 32:25 33:9 parcels 27:11 46:16 park 25:19 32:13 37:16 38:25 45:14 46:6,11,12,12 47:1 parks 27:11 30:24 37:17 38:2,11 73:8 part 4:10 12:5,15 13:10,25 27:9,9 29:4 32:23 35:2,7 47:5 51:4 52:17 800-726-7007 305-376-8800 [part - 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resolution] protect 58:13 protected 6:1 prove 17:17 65:11 65:13 67:2 provide 12:2 provision 36:17 42:5 provisions 40:17 public 1:24 2:16 4:10,20,24 5:23 6:4 6:6,6,9,14,21 7:7,7 7:19 9:3,4 14:24 17:12 18:22 20:2 57:10 62:16 72:13 76:21 publicly 46:22 puffing 47:23 pump 44:24 purchased 13:18 purpose 7:22 14:17 purposes 4:14 pursue 22:7 38:24 66:7 67:6 pursued 9:23 pursuing 23:22 pushing 19:10 put 22:2 26:6 29:13 35:20 46:6 47:24 58:6,13 putting 59:12 q qualify 24:12 qualifying 14:5 question 6:15 11:12,20 21:13 49:18 50:15,19,20 62:18 64:22 66:21 71:11 questioning 52:1 questions 20:12 23:24 25:14 quickbooks 23:1 quickly 45:4 quiet 51:20 69:1 72:17 quitclaim 25:19,25 quite 9:16,18,23 quo 44:15 quorum 3:16 quote 70:10 r r 77:1 raf 35:15 raises 20:12 reach 26:7 37:8 51:13 72:14 73:7 reaching 50:23 read 5:4 29:14 readily 18:14 reading 15:1 54:14 real 20:22 reality 23:14 61:16 really 8:16,17 10:18 16:14 17:8 20:13,18,20,21 21:14,14,22 22:5,7 22:21,22 24:8,10 25:24 30:23 31:1 38:6 44:17 45:25 50:1,2 51:19 56:3 60:17 64:11 65:7 65:23,24 71:20 reason 17:18 56:2 reasonable 21:8 30:2 51:18 61:2 67:21 72:15 recall 25:17 receipt 17:5,7 receiving 8:5 recognize 6:2 recognized 70:25 recognizing 23:18 record 4:106:67:7 18:13,14 77:8 recorded 4:7 recording 5:19 records 6:9 18:11 23:2,3 recreational 14:9 red 42:18 refer 61:9 references 60:17 reflect 51:23 reflected 69:14 reflective 60:7 reflects 61:5,15 refuse 9:19 regard 18:18 21:25 regarding 3:19 8:6 59:9 regards 34:20 registered 15:17 30:9 75:9 regs 74:25 regulation 35:22 62:20 regulations 16:4 28:13,24 29:25 34:23 35:14,21 55:15,17 66:24 reject 21:17 rejected 21:16 69:18 related 4:19 69:15 relates 32:24 34:9 relating 35:14 relationship 73:13 relevant 24:14 reluctance 57:10 reluctant 59:20 remain 28:3 33:14 Page 89 remaining 33:9,12 remains 5:18 remember 21:16 52:8 rent 28:16 72:18 rentals 22:11,11,12 28:15 report 77:7 reporter 4:8 5:19 44:16 57:1 reporting 34:5 64:23 representing 71:23 request 6:10 10:20 requested 9:5,15 9:18 10:22 19:8 22:19 requesting 52:13 52:15 require 18:12 required 18:9 20:2 requirement 33:4 34:6 requirements 64:24 69:20 reserve 55:8 resident 15:8 28:13 34:12 55:1 65:24 residential 8:6 11:24 15:3 32:8 35:2 55:20 62:11 residents 11:25 14:15,19,21 15:5 16:5,7,10,11 25:23 29:7,17 31:22 36:2 47:15 49:22 51:1 54:15,17,21 55:9 67:21 71:22 72:1 74:14 75:21,22 resolution 26:7,18 37:9 59:3 72:15 Veritext Legal Solutions 800-726-7007 305-376-8800 [resolution - side] Page 90 73:4,7 resolve 23:22 27:6 45:3 66:18 73:15 resolved 5:21 49:5 respect 29:19 respond 46:24 response 17:2 responsibility 57:25 58:13 rest 14:4 39:1 60:12,18,19 restriction 31:7 46:2,8 restrictions 46:22 63:21 result 43:16 52:1 53:19,20,20 54:12 54:13,22 65:23 66:19 retaining 63:13 return 76:21 returns 20:2 reverse 25:25 review 33:3,15 reviewed 9:17 reviewing 21:21 reviews 39:16 richard 2:12 4:5 5:9 14:22 26:4 56:15 76:16 right 6:7 7:9 9:7 10:3 11:13,14 13:3 13:3 15:20 16:8 18:4 24:22 31:8 32:23,23 34:22 37:10,20 40:2 41:5 42:2 44:1,5 45:10 50:16 51:12 53:24 58:14 60:7,11 62:2 63:11 68:7 70:10 74:8 risk 6:21 72:22 risks 70:1 robert 25:4 roll 3:4,5 rolling 17:9 room 4:12,13 5:6 7:3,9,16 48:10 67:4 rossin 25:5 rule 7:11 42:24 rules 34:22 35:9 36:13,14,15,17,18 40:13,25 41:1 51:23 56:17,17 57:7,10,23,25 58:1 58:7,14 60:22 61:17 74:24 rumors 17:3 run 52:3 running 28:6,9 41:23 50:6,8,9 runs 12:18 rush 59:5 s s 2:15 sac 35:6 safe 72:2 salaries 19:23 20:24 21:8 53:9 salary 21:4 sale 25:25 62:6 salver 2:3 3:8,9 4:1 9:2,5 20:4 42:7,17 42:21 44:4,14 49:11 52:7,12 57:18 70:17 satisfied 63:21 save 48:3 saw 37:17 50:22 saying 5:25 8:18 14:19 23:9 24:4 28:14 41:7 50:4 55:6 57:21 59:6 62:19 68:5 says 29:13 31:24 50:7,9 53:6,7,16 54:1,6 55:18 60:6 61:19 64:21 66:11 75:4,11 scene 13:11 40:20 schedule 24:16 scheduled 9:20 26:3 scope 7:22 45:19 screening 53:12 season 7:24 second 11:20 15:24 26:20 49:20 56:24 56:24,25 62:22 68:1 section 14:12 31:10 32:9 secure 32:17 security 70:1 71:4 74:4 see 8:17 13:1,2 17:19 19:4 22:24 26:6,11,17 37:8 47:19 49:13,20 67:10 69:14 seeking 27:4 seemingly 34:25 sell 61:20,21 sense 60:16 62:25 68:4 separate 4:15 5:1 26:14,20 35:1 71:19 series 29:25 38:9 38:12 serious 16:22,24 serota 2:11,13 4:5 5:9,13 6:7,23 9:9 10:3,20,25 11:4,14 11:18 14:22 18:4 18:25 20:10 21:13 22:16 24:17,22 25:3 44:16 52:14 52:23 53:13 63:12 63:19 serve 14:14 service 32:14 servicing 68:10 serving 54:14 session 1:9 2:16 3:18,23 5:5,10,14 7:6,19,22 25:2,17 25:22 26:9 29:24 30:25 32:22 33:6 37:4 38:23 42:22 42:23 49:7 76:20 sessions 4:16 5:2 set 24:15,18 45:22 57:10 64:15 seth 2:3 4:1 49:10 setting 11:7 settle 27:15 settled 4:22 settlement 5:21 7:23 8:2 26:25 27:4 48:2,4,22 50:23 62:23 66:8,18 67:5 75:24 shady 71:1 shape 58:17 shlomi 34:12 shops 41:1 short 28:15 shorter 33:10 show 28:20 41:20 53:1 showed 45:15 side 14:1 31:13,14 55:21 68:18 Veritext Legal Solutions 800-726-7007 305-376-8800 [sidewalk - talk] sidewalk 29:3 sign 21:18 29:13 42:8,8 75:17 signature 77:14 signed 38:15,21 significant 46:15 53:3 signing 48:11 similar 48:12 50:21 68:17 simply 10:12 21:18 simultaneously 8:20 sit 69:2 site 33:15 45:7 situation 7:1 40:6 41:8 six 28:17,18,19 size 21:1 skip 51:14 slam 23:12,13,18 slip 22:11 slips 61:20 69:9,9 74:10 slow 74:14,15 small 68:25 smart 72:14 smell 37:20 social 12:14 13:11 20:18,22 21:22 sold 13:12,25 14:5 16:1 soliciting 70:22 solution 72:10 75:24 somebody 7:16 69:24 70:2 somewhat 8:21 son 19:12 21:11 soon 11:5 sorry 69:5 75:1 sort 4:19 12:20,22 16:24 17:23 35:21 38:8 45:22 46:25 47:1,12 50:23 55:7 55:8 57:4 64:14 67:20,22 68:2 72:8 sorts 13:8 sound 62:23 source 22:10 space 44:1145:20 45:23 spaces 25:19 43:23 43:23,25 spc 35:4 speak 7:2,7 59:22 59:23 71:2 speaking 50:24 specific 38:24 53:10 specifically 63:5 69:23 75:9 specifics 61:13 specified 32:7 specify 16:9 speed 59:2 spent 17:10 spirit 45:3 59:2 60:8 68:2 spline 12:18 spoke 35:23 37:16 59:15,18 spoken 7:16 39:2 spot 55:8 spring 9:20 24:21 24:22 staff 69:12,13 staging 45:7 standards 64:15 standstill 24:23 start 30:17 48:7 68:24 started 13:24 16:2 17:9 63:24 69:8,9 starts 31:18 40:16 state 1:24 20:5 63:3 77:5 states 75:5 status 15:19 24:8 44:15 statute 3:19 stenographic 77:9 stenographically 77:7 step 12:2 34:23 58:5 59:3 stephenson 1:23 77:5,15 stepping 62:22 steps 48:1 51:14 stick 33:11 stone 25:4 stood 23:14 stop 16:19 37:24 69:16 stopped 71:1 stormwater 44:24 story 71:4 strategically 10:11 strategy 7:23 8:1 street 1:18 strict 62:10 strictly 30:23 strokes 67:12 strong 9:13 stronger 43:7 struck 52:9 structure 53:17 structuring 54:15 stuck 17:23 37:22 Veritext Legal Solutions Page 91 styled 3:20 subdivide 29:22 subject 46:1 47:4 success 18:17 successful 49:14 sudden 17:24 40:5 suddenly 69:8 sue 36:18 41:2 sued 10:3 suggesting 58:9 61:13 suit 8:22 summary 24:6 sunshine 5:15 support 59:25 61:4 supporting 23:1 supports 18:7 supposed 20:17 21:9 sure 5:12 27:5 30:2 33:24,24 45:13 59:16 65:19 67:16 susan 2:13 4:5 30:14 suspect 17:2 system 67:20 t t 77:1,1 table 19:16,17 52:8 52:20 tail 14:4,5 33:10 take 12:1 28:3 32:10 34:23 43:22 59:3,4 60:13 73:10 taken 1:23 9:12 19:11 25:9 takes 33:2 56:12 talk 5:10,16 7:21 7:24,25 9:10 18:20 22:18 24:2,12 26:5 26:19 34:17 39:1 800-726-7007 305-376-8800 [talk - village] Page 92 44:17 46:10 57:1 talked 24:3 talking 15:22 23:21 34:21,21 35:10 44:8,11 52:12 53:3 64:7 67:12 tax 15:19 17:5,6 teeth 48:14,16,17 62:16 tell 18:2 36:4 48:8 56:4 62:15 66:2 71:25 telling 51:11 60:25 tells 48:21 term 28:15,21 59:10,13 terminated 76:20 terms 9:24 23:6 testing 67:10 tests 30:3 theoretically 74:8 theory 21:24 thing 6:24 15:25 19:3 22:7 23:22,23 37:15 38:9 39:10 43:2 53:5 60:1 61:6 64:3,13 72:7 73:8 76:18 things 14:22 20:16 21:4 22:18 23:24 24:2 28:24 35:12 38:12 40:2.3 44:2 44:19 49:25 51:22 52:9,13,15 58:24 59:24 60:9 68:12 73:2 74:14 think 9:2 12:11 13:5 23:8,10 26:4 26:23 29:7 30:13 30:14 35:4 38:3,17 39:21,24,25 40:9 42:17 45:11 49:18 transfer 31:23 underground 49:23 50:1,2,4,6 treated 28:12 55:19 32:12 51:9 53:8 54:10,24 tremendous 72:20 underlying 23:1,3 55:3,5 57:16 58:12 trespassing 29:9 45:25 62:1,7,14 64:9 65:1 trevarthen 2:13 4:6 understand 14:18 66:22 67:4,9 68:11 7:21 16:11 17:10 18:5 28:5 31:17 69:14 71:8 73:11 29:16 30:15 32:5 57:21 68:5 75:23 32:21 33:5,8 42:13 understanding thinking 54:12 54:6 66:4,17 69:4 15:18 59:10 73:25 74:24 75:4,11,20 unquote 70:10 thinks 47:14 56:3 trial 25:10 ; unusual 6:5,8 thought 54:8 61:18 tried 22:4 45:11 update 33:16 61:25 72:13 73:20 true 52:14 70:17 upland 29:2 thousands 44:9 three 4:4,15 26:9 32:20,24 34:11,11 38:5 42:14,14 55:25 75:1 tied 28:13 30:5 time 3:17 4:12 6:2 16:21,22,24 17:10 18:22 24:1 30:16 37:1 44:17 52:24 55:12 56:12 57:1 58:5 59:5 70:4,4 76:15 times 39:2,4 title 5:4 today 36:15 39:25 53:24,25 65:13 told 36:7,8 60:4,21 tomorrow 36:15 40:13 42:23 tonight 4:16 75:2 tony 23:21 tore 13:14,23 town 55:24 track 38:3 traditionally 58:24 transcript 4:10,20 6:10 77:8 77:8 try 16:19 32:17 34:17 37:14 39:9 51:17 68:13,14 72:14 73:7 trying 17:11 22:6 31:17 38:1,2,6,19 42:15 45:3 46:21 48:4 51:13 54:25 55:11 56:20 59:24 65:15 72:11 73:2 73:16 turn 44:8 58:16 turned 25:19 turnover 22:24 twenty 39:2 two 5:1 12:14 14:22 14:23 16:6 26:4,10 26:14 27:3 34:11 38:5 42:13,14 49:25 51:16 53:15 tying 41:16 type 18:19 typical 42:19 u ultimately 6:4 24:13 25:6 use 11:21 14:24 15:1,2,4,5,7 18:9 20:13,19 22:24 31:10,22 32:13 38:1,2 45:24 46:13 46:13 47:4,5 53:2 60:17 72:22 usually 51:8 utilities 32:12 v v 1:13 vacant 12:25 valid 27:23 28:1 value 53:4 61:25 62:1 vast 15:12 vehicle 49:1 vehicles 68:10 69:11 verifiable 65:19 67:15 75:19 versions 42:14 63:4 versus 3:21 43:12 view 18:7 village 1:7,14,17 2:7,10,14 3:22 4:3 4:4 8:4,22 12:6,9 12:15 14:11 17:4 Veritext Legal Solutions 800-726-7007 305-376-8800 [village - zoning] Page 93 18:15 25:21 27:10 30:25 31:2,18,21 32:12 54:4 58:13 58:17 73:12,14 violates 56:9 violating 57:7 64:10,20 visitors 30:13 voters 31:25 votes 55:25 w wait 25:12 59:3 61:23 waiting 19:19 24:17,24 waiver 29:23 32:19 waiving 6:21 walk 29:17 waning 23:8 want 4:23 5:9 6:1 7:10 10:1 22:24 25:11 41:2 43:9 45:13 46:13 49:20 49:21,22 51:18 54:16,21 55:11 56:13,16 57:3,12 60:23 61:21 64:13 66:15 71:18 73:16 wanted 8:25 17:14 27:14 34:13,14 46:24 47:1,12 wants 28:12 44:1 55:18 56:5,8 61:19 61:20 62:6 wart 12:17 water 60:10,12,14 way 3:21 5:7 7:17 7:20 8:3 10:12 12:19,22 16:3 19:22 21:10,21 26:6,17 32:16 35:25 36:1,13 37:20 40:3,17,18 40:24 41:4 47:19 48:23,23 49:13 53:10 55:18,23 58:7,17,23 60:9,22 63:7,25 64:16 66:18 71:13 73:3 75:7 ways 65:19 wednesday 1:19 week 36:6 44:9 weeks 18:21,22 26:4 34:11,11,11 weighed 73:6 weiss 2:11,12 4:5 4:14 5:12 6:5,8 7:10 8:3,11 9:8 10:14 11:15 12:5 12:13 13:2 14:10 15:21 16:14,18,21 17:14 21:10,24 22:11 25:1,13 26:8 31:23 39:23 43:8 45:11,16,20 46:4,9 46:24 47:12 48:22 54:5,24 56:1,20 57:3,11 58:9,19 64:7 65:1 75:18,22 76:14,18 welcome 68:8 went 34:16 71:2 west 31:13,14 wife 19:12 21:11 willing 65:16,18 win 43:15 50:24 53:14 71:22,22 winning 43:11 witness 25:5,7 witnesses 25:8,10 woman 73:24 words 11:22 33:19 work 30:20 32:13 39:16,16 50:11 60:9 61:1 68:15 working 63:10 world 7:25 worry 49:17 65:15 worse 76:1 worst 53:20 wow 17:25 wrap 47:12 write 21:19 wrong 14:16 17:17 51:5 wrote 8:11 18:21 x x 51:10,12 y y 51:11,12 yacht 1:13 3:20 4:25 5:8 8:4,7,9,21 9:12 11:9 12:15,17 12:19,23 13:10,15 13:16 21:23 22:20 29:14,16 35:6 69:9 yachts 69:10,20 year 19:25 21:3,7,8 51:17 53:14 years 11:19 12:21 12:21,21 38:5,5,7 51:16 53:4,15 73:14,16 yesterday 42:9 yielding 18:18 z z 51:11,12 zoning 11:10 14:25 15:3 Veritext Legal Solutions 800-726-7007 305-376-8800