HomeMy Public PortalAbout2016-12-07 AttorneyClient Bal Harbour Shops LLLP CASE 16-185AP1
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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
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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
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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
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VILLAGE MANAG ER :
JORGE M. GONZA LEZ
VI LL AGE ATTORNEY:
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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 .
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Thereupo n, the following proceedings were had:
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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
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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
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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
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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
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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
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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 .
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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 ,
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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
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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?
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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
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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 .
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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
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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 .)
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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
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