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HomeMy Public PortalAbout2016-12-07 AttorneyClient Bal Harbour Shops LLLP CASE 16-185AP1 2 3 4 5 6 7 8 9 10 11 12 13 Page 1 ORIGINAL BAL HARBOUR VILLAGE ATTORNEY/CLIENT SESSION IN THE MATTER OF BAL HARBOUR SHOPS, LLLP v. 14 BAL HARBOUR VILLAGE 15 CASE NUMBER: 16-1 85 AP 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 9:05 p.m. -9:15 p.m. Taken before Ma ry G. Stephenson, FPR, Notary Public for the State of F l orida ______________________________ ,._ - Veritext Legal Solutions 800-726-7007 305-376-8800 1 APPEARA NCES: 2 COUNCILMEMB E RS : 3 GABR I EL GROISMAN, MAYOR SET H E . SA LVER , ASSISTANT MAYOR 4 DAVID ALBAUM , COUNCI LMAN PATR I CIA COH EN, COUNCILWOMAN 5 JEF FR EY F REI MARK, COUNCILMAN 6 7 8 9 10 1 1 12 1 3 14 1 5 1 6 17 18 19 20 21 22 23 24 2 5 VILLAGE MANAG ER : JORGE M. GONZA LEZ VI LL AGE ATTORNEY: 800 -726-7007 WEISS SEROTA HE L FMAN CO LE & BI ERMAN , P .L . BY: RICHARD JAY WEISS , ESQ . J OS EPH SERO TA, ESQ. SUSAN TREVART HE N, ESQ . Veritext Legal Solutions Page 2 305-376-88 00 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 1 6 17 18 19 20 21 22 23 24 25 Page 3 Thereupo n, the following proceedings were had: L 800-726-7007 MAYOR GROISMAN: I 'm calling the third meeting to order. I wil l call the roll call myself again. Assistant Mayor Salver. ASSISTANT MAYOR SALVER: Here . MAYOR GROISMAN : Councilmember Fr eimark . COUNCILMAN FREIMARK: Here . MAYOR GROISMAN: Councilmember Albaum. COUNCILMAN ALBAUM: Here . MAYOR GRO I SMAN : Councilmember Patr i c i a Cohen . COUNCILWOMAN COHEN: Here . MAYOR GROISMAN: Okay . I'm Mayor Groisman. I 'm here . The time is now 9 :05. We are about to have an attorney/client session in accordance with Florida Statute 286.011 re garding the Bal Harbour Shops, LLLP versus Bal Harbour Village, action Case Number 16-185 AP . The session is estimated to last five minutes and the following people wil l be in attendance : Myself , Assistant Mayor Salver , Counc ilmember Freimark, Councilmember Albaum, Councilmember Cohen , Village Manage r Jorge ------------~ - Veritext Legal So lutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -'- 800-726 -7007 Page 4 Gonzalez , Village Attorneys Richard Weiss , Joe Serota , Susan Trevarthen . These proceedings will be recorded by a certified court reporter and , at the conclusion of all l itigation discussed , the transcript will be made part of the pub lic record . All those individuals who I have not named should l eave the room. The door was open. There is nobody outside. So there is no one that has to leave the room . Go ahead . MR . WEISS : Go ahead , Susan . MS. TREVARTHEN: So you know I can talk for hours about thi s, but I wo n 't . I will cut to the chase and if you have quest ions, I will answer the questions. We know that the shops have proposed to redevelop and expand , and as a portion of that proposal , they were proposing to buy Village Hall and provide replacement Village Hall as well as several other aspects that were negotiated into a development agreement that would accompany approva l of their expansion . All of that was cued up fo r a decision by the vi l lage council in April. I thin k most of you Veritext Legal Solution s 305 -376 -88 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 2 4 25 I l ___ 800-726 -7007 Page 5 we re there at that time . The council deadlocked two two --one member was not present to vote due to a conflict --on the issue of whether it was in the best i nterest ·of the village to p lace the question of whether the Vi l lage Hall should be sold before the voters . Our charter says tha t you ca n't sell it without the voters ' approval and it requires i ts best interest determination. At that point , th e rest of the approvals became moot because the whole project depended on having that dirt in it . That di r t is no longer there . After that happened, two things happened. We rece i ved a challenge from the shops that t hey d idn't li ke the fact of that decis ion not to go forward with the sale of Village Hall . So they challenged that , and they refiled fo r a smaller project , which came through ultimately on October 31st . There was a denia l of the sma l ler project . So at this point the reason why we are here is we do have the pending lit igation , wh i ch has taken various forms . The only form t hat is before you this evening i s the case n umber 16-185 , which goes to the propriety of this decision as well as Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 1 6 1 7 18 1 9 20 21 22 23 24 25 800 -726-7007 Page 6 seek something cal l ed FLUEDRA , which is the F l orida Land Use and Environmental Dispute Resolution Act . It seeks to sit and try to work out the issues wi th the shops development . Our legal position on these chal l enges to dat e on the substance of whethe r we should have approved t h e sa l e of Village Hall is tha t there is no j urisdiction. The matters are currently s t ayed . So there not active litigating going on right now. Is that quick enough? MAYOR GROISMAN : Direction tha t I have and see if anyone echoes this is t ha t t here is a new council. There was an applicat i on that was denied and that from a negotiat i ng , a settlement position, I think our position should be that if they want to --if they are going to reapp l y , wh i ch I assume they are , that it wouldn't be in their best interest to reapp l y with the l awsuit based on our last d ecision hanging over our heads . MS. TREVARTHEN: I think we have a prior question. Do we have author i ty, does Jorge have author i ty to go and talk to them about trying to negot i ate a reso l ution to the litigat i on? MAYOR GROISMAN: The resolution has to be Ve ritext Legal Solutions 305 -376 -88 00 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 16 1 7 18 1 9 20 21 22 23 I 24 25 800-726 -7007 Page 7 they drop it because there has to be a new application , right? I t 's a l mos t moot . MR. WEISS : Right now we have no MR . GONZALEZ : Is it a new one or the same application? MS . TREVARTHEN : That is a l l to be determined , but righ t now we don 't know if he is willing to fight the litigation of even talk about settlement . COUNCILWOMAN COHEN : In wh at way were any l aws or any FL UERDA pro visions viol a t ed? We made a legislative decision . MR . WEISS : We don 't think they were . COUNCILWOMAN COHEN : We have a right as leg i s l ators t o make decisions and the decis i on just h appened to be MR . GONZALEZ : Not what they wanted. COUNCILMAN ALBAUM : Here i s the question. What are we going to do ton i ght? MR . WE I SS : He re is the question. Right now without direction from council , we are going to litigate these issues . We think we are i n a good position to l itigate them, bu t we are going to liti g ate these issues . If the council wants us to t ake some o t her Veritext Legal Solution s 305 -376-880 0 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 8 direction, which is to have some sort of settlement where the lawsuits are dismissed and they come back for a public hearing, we don 't have authority to do that. I f you want us to do that , you need to te ll us to do it. Otherwise, we are just moving ahead with the litigation. COUNCILWOMAN COHEN: I don 't unders tand why we have to negot i ate? They sued us . We go forth and we deal with the lawsuit the way we need to dea l with i t . The next step is up to them . We don 't have to te ll t hem what to do . MAYOR GROISMAN : I agree. COUNCILWOMAN COHEN : They can come to council whenever t hey choose to come to council . MAYOR GROISMAN: I agree, and le t me be clear what I agree with. I agree that there doesn 't need to be a settlement agreement with them. What I wo ul d propose is to authorize Jorge to reach out to them and tell them, drop this laws uit . They know they can come back and reapp l y . They can do all those things at the same time. COUNCILWOMAN COHEN: We don 't have to tell them . Ver itext Legal So lutions 305 -376-8 800 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 1 6 17 18 1 9 20 21 22 23 24 25 800-726-7007 Page 9 MAYOR GROISMAN: It does haven 't to be part of the settlement agreement. COUNCILWOMAN COHEN: Of course not. MAYOR GROISMAN: In fact , it shouldn 't be part of the settlement agreement. It 's a garbage l awsuit. In fact , i t 's only being used as a tactic . It's f ine . I don 't hold ill wil l . It's business. If tha t is what you a re asking for, rather t han spending $100,000 of the c i ty 's money or more just to call them and say, drop t h is lawsuit, l et 's start with a new page , with a clean page . I think that makes sense. I don 't know if you a ll agree with that. COUNCILMAN ALBAUM: I agree with that . COUNCILMAN FREIMARK : Well, I would be very much inclined to agree with that . What is your sense of the reac tion you would ge t from such a conversation? MR. GONZALEZ : From them , I am going to try to put myself in their shoes because I have no t had this conversation with them . (Thereupon, Mr . Serota left the room.) MR. GONZALEZ: I believe what they would like t o see is their application evaluated f u lly , Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 1 8 19 20 21 22 23 24 25 Page 10 not just the firs t part, go through the whole process , and, obviously , they would like to see a friendly questioning there . I don 't know that I am hearing --we are not going to proceed with their applica t ion, whether a new one or a different one , until you drop th is lawsuit. I think you are just aski n g to say , he y, it 's in your best interest to just drop the lawsuit and let bygones be bygones or kind of apply again or do whatever it is you need to do . COUNC ILWOMAN COHEN: And appeal to our better side of the group now , the council . MR . GONZALEZ : I think they will receive that . I would hope they would receive that positively . Stra t egically, it makes absolute sense to not have this thing hanging over your heads , our he ads while we are reviewing an applicat i on . MAYOR GROISMAN : To be clear , I 'm sorry, I don 't think it 's fair whether there is a lawsu it or not to the new members of the council for them to come back wi th the same app li cation for the now new councilmembers , for them no t having the opportun i ty to sit with them l i k e the rest of us did and loo k at the details and negot i ate what '-------------------- Ye ritext Legal Solutions 800-726 -7007 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 800-726-7007 Page 11 they wou ld be comfortable wi th or not , but righ t now t h at plan that they proposed , the April plan, was the result of a lot of discussions and lo t of back for t h with the members of the then counci l and the shops . COUNCILWOMAN COHEN : Not real ly . MAYOR GROISMAN : Some of us . COUNCI L WOMAN COHEN : There wasn't a who l e l ot of discussion with a c er ta in someone . MAYOR GROISMAN: I understand. COUNCILWOMA N COHEN : Maybe wi th you , but not with me. MAYO R GROISMAN : With me, there was and it 's not -- COUNCILWOMA N COHEN : The person who nego t iated most that agreement was Mr. Gonzalez. MAYOR GROISMAN : Absolutely . COUNCILWOMAN COHEN: Even thou gh the counci l initially had said Patricia Cohen shou l d be involved . MAYOR GROISMAN : Absolutely . COUNCILWOMAN COHEN: Tha t was ignored. MAYOR GROISMAN: But Jorge was invo lved. COUNCILWOMAN COHEN : That was ignored , correct? _____ I Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 1 5 1 6 17 1 8 19 20 21 22 23 24 25 800-726 -7007 Page 12 MAYOR GRO I SMAN : But Jorge was negotiating. COUNCI L WOMAN COHEN: T hat was ignored, Jorge. MR. GONZALEZ : It 's being recorded. I t was not ignored . A lot of times people were no t availab l e , schedules didn 't coincide. once. COUNCILWOMAN COHEN : I wasn 't involved COUNCI LMAN FREIMARK: But i t 's a new day. MR. GONZALEZ :· But let's not recreate a COUNCILMAN FRE I MARK: Jorge , it 's a new day , and to the point tha t t he mayor just spoke t o , shou l d they wa n t to come bac k before the council that inc l udes two new members --I will speak for myself . Mr . Albaum will speak for himself --I think it would be a true sign of good faith for the lawsuit to be dropped, and t hen enter in t o the conversations, the discussions and the negot i ations t hat need to take p l ace. As a businessman , I don 't know why they wouldn 't do that, and as a fiduciary who is also a businessman, we are obligated t o require t h at . CO UNC ILWOMAN COHEN : We haven 't done here. MS . TREVA RTHEN: The o ther issue is it won 't be the same , because, remember , we sa id n o Veritex t Legal So lutions I J 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 1 6 1 7 1 8 1 9 20 2 1 22 23 24 25 800-726-7007 Page 13 to the zoning code amendments and they cannot resubmit t hose for a year . But if they are different and if they are broader and they potentially contain Village Hall , then we can consider it . MAYOR GROISMAN: But that is the law . That is not the settlement agreement . MR . WEISS : Read it ou t. MAYOR GROISMAN : Everyone is okay if I just COUNC ILMAN F REI MARK : I have one more quest i on. Has there been discussion amongst the l awyers? MR . WEISS : I have h ad a coup l e of conversations with Arny Huber . CO UNCI LMAN FREIMARK : At Shubin ? MR . WEISS : At Shubin , right . Her at t i tude h as been they want their appl i cations to go forward . They want to have another day , what is called another day in court . I feel like they wou l d be receptive to dismissing th e l awsui t s if there was some ass u rance from the council that these app l ications would be agendaed . COUNCILMAN ALBAUM : Wel l , go t hro u gh the process . Ver itext Legal S olutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 1 5 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 14 COUNC I LMAN FREIMARK : That is exactly what I was going to say . MR. GONZALEZ : So they would need to apply . MAYOR GRO I SMAN : They would need to apply. We are not go in g to change the p rocess because of the lawsuit. MR. WEISS: She was not focused on any particular point . She j ust wants the applications to get in front of the counci l again. We didn 't get into any details of what the process would be . COUNCILMAN ALBAUM: They k now what the process is. COUNCILWOMAN COHEN: I t would be at their discretion. We are not going to deny it . MR . GONZALEZ: They can come and apply. MAYOR GROISMAN: The right answer is we review every application that comes before the counc il in a timely fashion. COUNCILWOMAN COHEN: That is exactly what I j ust said. MAYOR GROISMAN : What we are telling you is the settlement agreement should not and cannot have any te rms that we are doing anything to --we are just reaching out to them . COUNCILMAN FREIMARK: This isn 't a door Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 I 8 9 1 0 11 12 13 1 4 15 16 17 1 8 19 20 21 22 23 24 25 800-72 6-7007 Page 15 shutter , but clearly it is a s i gn of good faith in order to move forward , it would be a very positive sign to that process . MS . TREVAR T HEN : To have a voluntar y dismissal with prejudice. MR . GONZALEZ: I will deliver tha t message , but not si t in further negotiations , right? There i s nothing to negotiate . If they apply somethi n g , they apply something. MAYOR GROISMAN : R i ght . Okay . The a tto r ney/clien t has now been t erminated and t h e meeting it now ope n. The public is now invited to re t urn for any furthe r proceed i ngs or matters . (Thereupon , the proceedings were concluded at 9 :15 p.m .) I __ J Veritext Legal So lu tions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 C E R T I F I C A T E I, Mary G . Stephenson , FPR , State of Florida at Large , certify tha t I was authorized to and did stenographically report t he 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 Ver itext Legal Solutions 800-726-7007 305-376-88 00 [& -cut] ,---==&~~~~-=--=-I ~~~~::-,;:--;--;----:-----=------Page 17 I amendments 13:1 best 5:4,8 6:19 10:8 amy l}:15 better 10:12 come 8:3,13,1 ~ 1 answer 4:15 14:16 bierman 2:12 10:22 12:13 14:15 I & 2:12 100,000 9 . . 10 -ap 1:15 3:20 b d comes 14 :17 roa er 13 :4 16-185 I : 15 3 :20 appeal 10: II business 9: 8 comfortable I 1:1 5 ·.2 4 appearances 2:1 b complete 16:8 usinessman 12:20 ___ 2 ____ application 6:14 12 :22 concluded 15:15 7:2,5 9:25 10:5,18 buy 4 :19 conclusion 4:4 2016 1:19 16:11 10:22 14:17 conflict 5:3 :11 applications 13:IS consider 13:5 27th 16 IJ!rgones cl0:9,9 286.011 3: 18 13:23 14:8 contain 13:4 - 31st 33154 ap _.:...::..::: __ _ ply 10:10 14: 3 , 4 c 16:1 ,1 conversation 9:19 3 1 4:1515:8,9 call 3:4,49:11 9:22 proval 4:23 5:7 called 6:1 13:20 I conversations 12:18 13:15 5:19 1 :18 6 ap I ap I ap provals 5:9 calling 3:2 proved 6:7 case 1:15 3:20 5 :24 correct 11 :25 council 4:25 5:1 655 1 :1 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9:20 10:5 interest 5:4,8 6:19 14:2,5,14 10:8 gonzalez 2:8 4:1 invited 15:13 7 :4, 17 9:20,24 involved 11 :20,23 10:13 11:16 12:4 12:7 12:10 14:3,15 15:6 issue 5:3 12:24 good 7:23 12:16 issues 6:4 7:22,24 15:1 j groisman 2:3 3:2,7 jay 2 :12 3:9,11,14,14 6:12 jeffrey 2 :5 6:25 8:12,15 9:1,4 joe 4:l l0:l 9 11 :7,10,l 3 jorge 2:8 3:25 6:22 11:17,21,23 12:1 8:1911:23 12:1,3 13:6,9 14:4,16,21 12:11 l 5 :10 joseph 2:13 group l0:12---------< jurisdiction 6:8 f--___ b___ k ball 1: 17 4: 19,20 ki-. 0 -d_l_0_:9---- 5 :5, l 6 6 :7 13 :4 know 4:13,17 7:7 hanging 6:20 10: 16 8:21 9 : 13 I0 :4 happened 5:13,13 12 :20 14 :ll 7:16 harbour 1:7,13,14 1:17,18 3:18,19 Veritext Legal Solutions 305-376-8800 [land -right] message 15:6 I page 9:12,12 ,___ ______ ___, land 6:2 minutes 3:22 part 4:6 9:1,5 10:1 large l6:6 money 9:10 particular 14:8 law 13:6 moot 5:10 7 :2 patricia 2:4 3:11 Page 19 I questioning 10:3 questions 4: 15 ,16 quick 6:11 r laws 7:11 move 15:2 11 :19 r 16:1 lawsuit 6:198:9,21 moving 8=6 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