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HomeMy Public PortalAbout2016-12-16 AttorneyClient Bal Harbour Shops LLLP CASE16-5646CA231 2 3 4 5 6 7 8 9 10 11 12 13 Page 1 BAL HARBOUR VILLAGE ATTORNEY/CLIENT SESSION IN THE MATTER OF BAL HARBOUR SHOPS, LLLP v. 14 BAL HARBOUR VILLAGE, et al 15 CASE NUMBER: 16-5646 CA 23 16 17 18 19 20 21 22 23 24 25 BAL HARBOUR VILLAGE HALL 655 96th STREET BAL HARBOUR, FLORIDA 33154 FRIDAY, DECEMBER 16, 2016 8:12 a.m. -8:49 a.ro. Taken before Mary G. Stephenson, FPR, Notary Public for the State of Florida Veritext Legal Solutions 800-726-7007 305-376-8800 1 APPEARANCES: 2 COUNCILMEMBERS: 3 GABRIEL GROISMAN, MAYOR SETH E. SALVER, ASSISTANT MAYOR 4 DAVID ALBAUM, COUNCILMAN PATRICIA COHEN, COUNCILWOMAN 5 6 7 8 9 10 11 12 13 14 15 16 JEFFREY FREIMARK, COUNCILMAN VILLAGE MANAGER: JORGE M. GONZALEZ VILLAGE ATTORNEY: WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.A. BY: RICHARD JAY WEISS, ESQ. VILLAGE CLERK: JOSEPH SEROTA, ESQ. SUSAN TREVARTHEN, ESQ. JUSTIN LUGER, ESQ. DWIGHT S. DANIE Page 2 17 I 18 19 20 21 22 23 24 25 (Present during public session only.) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 3 1 Thereupon, the following proceedings were had: 2 MAYOR GROISMAN: Let's get started. I call 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 this meeting to order. Do the roll call. MR. DANIE: Roll call. Mayor Groisman. MAYOR GROISMAN: Here. MR. DANIE: Assistant Mayor Salver. ASSISTANT MAYOR SALVER: Here. MR. DANIE: Councilman Albaum. COUNCILMAN ALBAOM: Here. MR. DANIE: Councilwoman Cohen. COUNCILWOMAN COHEN: Here. MR. DANIE: Councilman Freimark. COUNCILMAN FREIMARK: Here. MR. DANIE: We have a quorum. (Thereupon, Mr. Danie left the room.) MAYOR GROISMAN: The time is now 8:12. We are about to have an attorney/client session in accordance with Florida Statute 286.011 regarding the litigation styled Bal Harbour Shops, LLLP versus Bal Harbour Village and Patricia Cohen, Case Number 16-5646 CA 23. The session is estimated to last 30 minutes and the following people will be in attendance at Yeritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 this meeting: Myself, Mayor Groisman, Assistant Mayor Seth Salver, Councilman Jeff Freimark, Councilman David Albaum, Councilwoman Patricia Cohen, Village Manager Jorge Gonzalez, Village Attorneys Richard Weiss, Joe Serota, Susan Trevarthen and Justin Luger. These proceedings will be recorded by a certified court reporter and, at the conclusion of all litigation discussed, the transcript will be made part of the public record. All those individuals who I have not named should leave the room at this time. There is nobody to leave. No one else is here. Let's get to the session. Go ahead. MR. SEROTA: As I stated at our last executive session for the new council people, understand that we are here to discuss, according to 286.011 of the Florida Statute, settlement negotiations, litigation expenditures. At the end of this, whatever we say will be made public when the case is over. This case that we are going to talk about first stems from a public records request that was made on February 22, 2016 by Bal Harbour Shops. ----------------------- Veritext Legal Solutions 800-726-7007 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 5 The focus of the public records request was on documents, electronic documents dealing primarily with Bal Harbour Shops. It was focused on the village and also on Patricia Cohen. It requested 33 different categories of electronic communications. COUNCILWOMAN COHEN: Excuse me. There was also Martin Packer at the time, at the outset. MR. SEROTA: I'll get to it. COUNCILWOMAN COHEN: I thought you left him out now because he's out of the picture. MR. SEROTA: No, no. The first public records request was focused on Patricia and the village. Then there was a second public records request made later on which was focused on Mayor Packer. There were some documents produced by the village right away prior to the lawsuit, but then two weeks later a lawsuit was filed against the village and Patricia Cohen in her official capacity. I will tell you that this is really quite unusual that somebody, that an entity would file a lawsuit as quickly as two weeks or right after a ---------------- Veritext Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 6 public records request is made. Specially one this broad and this comprehensive, but this was the strategy, I guess, that the shops employed. What followed then, as I say, was a second public records request against Mayor Packer. He was not brought into the lawsuit, but there was a great deal of effort put into getting his e-mails as well from his electronic devices. What followed then was a lengthy and really, frankly, very expensive process to narrow the universe of documents to those considered public records. If any of you have ever been involved in any kind of a search through your electronic records, it is a difficult, slow and expensive process to get there. Fairly early on, as I say, the village completed its production of public records. The remaining process of litigation is really narrowing documents contained within Ms. Cohen's personal devices as to what constituted a public record. So it started with a huge universe and ended up really with a relative handful of documents at issue. At this point, the number of documents at issue is really quite small. Ms. Cohen's attorney Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 7 sent a settlement offer to the shops to resolve the remaining issues and what you sent out --what Patricia has passed out -- COUNCILWOMAN COHEN: You have it in front of you. MR. SEROTA: --was a settlement offer to try to resolve it. There has been no response. This settlement offer was sent this week on Monday. There has been no response at all. It does look like we are down to a relative handful of documents at issue, but you really can't predict what the shops will do. The purpose of the settlement offer was to finally just say we are down to these documents. Let's just focus on this and then be done. It is theoretically possible that the shops could go back and request additional documents. Right, Justin? MR. LUGER: Yes. MR. SEROTA: So that is really where we are. That takes us up to date. MR. GONZALEZ: There's two cases. MR. WEISS: We are not going to deal with it in the same session. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 Page 8 Mayor Groisman, if you don't mind, David has asked to be sort of heard on this. COUNCILMAN ALBAUM: The first question I have, and I think Jorge has, can you just give us the dollar amount where we are right now, Jorge? Because I have a printout that shows we are at about $650,000. Can you just -- MAYOR GROISMAN: This is attorneys fees for this matter? COUNCILMAN ALBAUM: Exactly. That we have expended. MR. GONZALEZ: That stuff I have to kind of calculate separately. So for the case that Joe just described. COUNCILMAN ALBAUM: Yes. MR. GONZALEZ: It's 448,000 in legal fees and then probably another 48,000 in the IT MAYOR GROISMAN: Costs. MR. GONZALEZ: -- costs of retrieving those e-mails several months ago. COUNCILWOMAN COHEN: Independently. MR. GONZALEZ: Yes. COUNCILMAN ALBAUM: How did we get to 650? MR. GONZALEZ: This is just this case. COUNCILMAN ALBAUM: Oh. ------------------------ Veritext Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 9 MR. GONZALEZ: There is a second case that, I guess, is the subject of a different executive session. COUNCILMAN ALBAUM: Oh, okay. Because I was considering the total dollars. MAYOR GROISMAN: Is that paid through today? MR. GONZALEZ: That is paid through today. We haven't received December. COUNCILMAN ALBAUM: Okay. So we are talking about $500,000. MR. GONZALEZ: On this case. The second case, that dates back to about April. COUNCILWOMAN COHEN: Some of which US Legal charged how much? MR. GONZALEZ: About 48, 50. Round it to 50. COUNCILMAN ALBAUM: So we are at about $500,000. MR. GONZALEZ: To today. We have not yet received the December bill. Through November. COUNCILMAN ALBAUM: The case started approximately April, May of this year? MR. SEROTA: March. It started March COUNCILWOMAN COHEN: 22nd. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 10 MR. SEROTA: It started on March 7th. COUNCILWOMAN COHEN: The public records request was started -- COUNCILMAN ALBAUM: The expenses started around April give or take? MR. SEROTA: Almost immediately. COUNCILWOMAN COHEN: We had to. COUNCILMAN ALBAOM: I understand. Of course, Patricia has given us this morning, which is very encouraging. Hopefully, there will be a settlement and maybe what I am going to say isn't going to be that relevant, but I don't know if there is a settlement. But my thought was, and I have tremendous respect for Patricia and everybody here today. I am not here to judge the case. I have no grind to pick. I have no ideas right, wrong, it's in the middle. That is not for me or I think for any of us to judge because we are not -- Gabe is a lawyer, and we have a group of lawyers here today, but I am concerned about the money and what we spent. Prior to this, my personal feeling was this case was going to just go on and on and on. My understanding from Richard was that we could, the Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 11 city would be very much liable for the shops' fees also, which are probably, I have no idea, but they are probably in the same ballpark of money. I have no idea e~actly what that number is, but I was thinking in my mind this case might go for another year. We may end up with a three million liability, three and a half, which could represent 20, 25 percent of all of our funds. I certainly don't want us to be sitting here a year with that --a year from now, six months from now with that kind of liability. So having said that, my feeling was that I wanted to propose a cap, a dollar limit to how much further we would go with this, and I wanted to, I had put this on the agenda for Tuesday, the 20th, and that is where I am with it. Gabe, I would like to hear from you. MAYOR GROISMAN: So I appreciate COUNCILMAN ALBAUM: And I have a dollar amount in mind. Okay? I mean, if it's 500,000, if that is the number, my recommendation would be maybe we would go on that case, just the one case we are talking about today, maybe another 100,000 and at 600,000 we would cap it. That is my recommendation to the council and my perspective. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800· 726• 7007 then this Page 12 MAYOR GROISMAN: Let me just respond. Patricia, I'm sure you want to respond. Maybe you want to hear from a few of us and respond in total. First of all, I don't have any qualm from corner at all, even on the case, what J.S happening, what is not happening with the case. I think the individual, I know that the individual who has been taking us all and all our taxpayers for a ride is the attorney. Not you, Ms. Cohen, at all. He is getting a free paycheck that averaged over $50,000 in attorneys fees for a discovery case, which is what this is. It's literally one of the most simple kinds of lawsuits you can do. I get that they have been difficult. COUNCILMAN ALBAUM: Let me interject one second. Sorry to interrupt. And this particular case is the single biggest case that the city has ever had regarding monies dealt out for someone on the council. We have never had anything like this. COUNCILWOMAN COHEN: Perhaps because the project is probably the biggest. COUNCILMAN ALBAUM: That is a very unusual case and I just -- ----· --·------------ Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 13 MAYOR GROISMAN: The perspective I can bring to the table as far as the fees go is that a case of a very complex magnitude, and antitrust case, a trademark case that is busy, can be up to 60, $70,000 a month for a small firm. That is sort of where a midsized firm will max out for a full paying client on a monthly. There are a bunch of other lawyers in the room that can confirm that. The major law firms will charge up to 100, 150. Some will charge more because they are insane, but if you just divide up the hours -- right? -- because he is charging, it's an average of $56,250 a month. If you divide it by an hourly of what is he charging us, $400 an hour? MR. SEROTA: 450, I think. COUNCILWOMAN COHEN: No, he's not. It's 375 and 275. MR. GONZALEZ: It's two rates. rt•s two rates that he is charging. COUNCILWOMAN COHEN: 275 and 375. MAYOR GROISMAN: That is 56,250, right? Divided by 375? COUNCILWOMAN COHEN: It's average because it is mostly 375 because it's mostly discovery. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 14 MAYOR GROISMAN: So let's divide my 325. He is spending working, billing 173 hours a month. That is not real. I mean, the guy is taking us for a ride. It's not you, Ms. Cohen, at all. It's not you. I'm telling you. I have been saying it for months because I understand what these bills represent. It's what I do for a living. The guy is taking the taxpayers of Bal Harbour for a ride. I understand the proposal. I agree with something of that nature, whether it's a cap or a flat fee for anything for this case. The amount, my position is consistent with the other one. We need to have a cap. If this is the lawyer that you want, Ms. Cohen, you get to choose your lawyer, I think, and the lawyers here can decide, but I am sure we can get Richard to get five lawyers to do what is the remainder of both these cases for a flat fee for $100,000. It would be a coup for them. COUNCILWOMAN COHEN: Gabe, how do you know what Bal Harbour Shops is coming down the line with, down the pike with? How can you know? MAYOR GROISMAN: I'll tell you what I know. I'll tell you what I know. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 15 I work at one of the top boutique litigation firms in Miami. I work with 20, 21 lawyers. We represent the biggest companies in Miami with all their litigation, the biggest law firms with all their litigation. We even do some municipal litigation. We represent Sunny Isles in their complex litigation cases. First of all, we charge them much less per hour than what this guy charges because you don't get to charge municipalities what he is charging. COUNCILWOMAN COHEN: Well, he reduced his fees considerably. You understand that. MAYOR GROISMAN: I understand that, but the way I understand it is because, as lawyers all the time, we are asked to provide flat fees or caps. So we know how to look at cases. We are not always right. It's not a perfect science, but we know how to look at cases and estimate how we can do okay financially and give a flat fee based on the kind of case that it is. Because right now since he is being paid for everything -- let's assume he is being honest and he really is billing this many hours a month between him and his partner. What he is doing is he is spending every waking hour on this case even Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 16 if he doesn't have to because he is getting paid for it. So he has no reason to work on other cases. It has nothing to do with you at all personally, but it does have to do with the attorney, and I know how much I would charge for this case. I know how much I would charge for the case. COUNCILWOMAN COHEN: Have you really truthfully read every pleading? MAYOR GROISMAN: No, I have not. COUNCILWOMAN COHEN: I'm asking you. So then don't you think it would be really, it would be incumbent upon you to do that before you just -- before you issue? The tediousness that we have gone through, the thousands of hours. I wouldn't say thousands for myself, but hundreds of hours that I have had to pour through e-mails and defend each e-mail that they are trying to allege that is public information. This is tedious work that you have, I would probably, I venture to say that you have not done anything close to this. MAYOR GROISMAN: It's not about me, so I really don't want to get into it. COUNCILWOMAN COHEN: No. Because you said, Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 17 you keep referring to yourself and we are all here. MAYOR GROISMAN: Every single case that I have is exactly the same. I have a case right that we are going through 55,000 documents, not pages. So it's every single case. COUNCILWOMAN COHEN: By the way, these are e-mail transcripts. MAYOR GROISMAN: One thing I don't want to get lost because we have new members on the council here. I urge all the members of the council to use their public e-mail address for public purposes. Because when we get a document request -- there is a court reporter here. When we get a document request if it's on your public e-mail, the clerk will pull it for you. There is no work to be done. There is no coding for private versus public. It's already done. It's there. So if they ask you for your personal e-mail, the answer is none, because there is none of your work stuff. If somebody sends you an e-mail to your Gmail account, all you have to do is forward it to your Bal Harbour e-mail and then you will never Veritext Legal Solutions 305-3 76-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 18 have a lawsuit about documents. If it's done that way, then there is no issue. MR. GONZALEZ: The same with texts. COUNCILWOMAN COHEN: Except that is Monday morning quarterback. I was never told to forward. MAYOR GROISMAN: No, for them. COUNCILWOMAN COHEN: No, I know. MAYOR GROISMAN: I'm not telling you. COUNCILWOMAN COHEN: If I have, if a friend writes me, is there a meeting tonight in Bal Harbour, that is public information. That is a public document. Are we going to dinner? No, I have a meeting. That is public because I mentioned a meeting. So it's not like you are only talking about what is the next vote, what is on the agenda. It's life. MAYOR GROISMAN: Let me ask you a question. Are you happy with your attorney? COUNCILWOMAN COHEN: How can I -- MAYOR GROISMAN: The fees. COUNCILWOMAN COHEN: How can I not be pleased. He has defended me very well. He is respectful of my privacy. He has an excellent reputation. I asked all around town. I have been Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 ------ Page 19 diligent in my inquiries about him. No one has ever challenged his fees or his bills and he encourages us to go through his bill. He encourages us to do whatever you need to certify or verify that, in fact, it's accurate, that he hasn't been overcharging. I really find it, wow, it's chutzpah on your part to say he has been taking us for a ride. Really. MAYOR GROISMAN: That is not honest. COUNCILWOMAN COHEN: You wouldn't want someone to be able to label your work or your intention or your billing in that manner. That is a wow. MAYOR GROISMAN: I'm very careful with -- COUNCILWOMAN COHEN: Until you know. Until you know. MAYOR GROISMAN: with how I do my work. me like that. Hold on. I'm very careful So no one would ever label COUNCILWOMAN COHEN: And you don't think he is? MAYOR GROISMAN: I know he's not. Not I don't think. I know he's not. COUNCILWOMAN COHEN: I'm not an attorney. Veritext Legal Solutions 305-376-8800 1 2 3 I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 20 You need to work that out with him. MAYOR GROISMAN: It's not my place. COUNCILWOMAN COHEN: You need to work that out with him because he has done that work and we have never disputed one single bill. You have two weeks to dispute a bill. MAYOR GROISMAN: Not me personally. COUNCILWOMAN COHEN: I am saying you as the law states that we have two weeks to dispute a bill if they have any kind of dispute. No one has ever disputed it, but the man has been performing work. He outlines the use of his time specifically down to the quarter of an hour, I believe. Where is the smoking gun? MAYOR GROISMAN: So here is my question. COUNCILWOMAN COHEN: Where is the accusation stemming from? MAYOR GROISMAN: My only question to you is this. If we can negotiate with the attorney to give you the same service, continue to defend you, et cetera, but to cap his fees or to provide a flat fee. COUNCILWOMAN COHEN: Then I am going to explain to you. I know what you are going to say. MAYOR GROISMAN: But let me ask the Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 25 800-726-7007 Page 21 question. COUNCILWOMAN COHEN: Go ahead. MAYOR GROISMAN: We don't want you to be negatively affected. We want you to have the best representation that you need. We all deserve it. So I'm asking you would you find that you would be negatively affected if Richard or Jorge or someone negotiates with him a flat fee to provide the same service or to cap his fees? It's a very normal negotiation. COUNCILWOMAN COHEN: I think whatever we can do to save taxpayer money, to stop the floodgates -- I mean, we have to preface this statement by saying this is a frivolous lawsuit. There is not one single smoking gun after eight months. MAYOR GROISMAN: No one here said there is. COUNCILWOMAN COHEN: The problem is it's written in the horizon and if we have a crystal ball, they are not going to stop because it's in their best interest to continue because their attorneys have now led them down a road, which is fallacious, and their attorneys have to in some way justify what they have spent because they have spent way more than us because they don't get $375 Veritext Legal Solutions 305-3 76-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 22 an hour, Shubin & Bass. I have friends who have used that firm and the fees are way more than that. So now they have to keep going until there is something that they can say, oh, you see, that is why we did this. But there is nothing there. COUNCILMAN ALBAUM: I understand, but how can we sit here as a council and -- COUNCILWOMAN COHEN: You stop them. You get them to settle. ·That is what you do. You direct your energy where you should. MAYOR GROISMAN: There are two parallel tracks. COUNCILWOMAN COHEN: No, there is no parallel tracks. COUNCILMAN ALBAUM: I don't want to sit here three, four million dollars down the road. COUNCILWOMAN COHEN: Neither do I. COUNCILMAN ALBAUM: That is all I'm worried about. That is my concern. COUNCILWOMAN COHEN: We are trying to settle with them. There is nothing there. The magistrate has ruled there is 42 items if you would read this. MAYOR GROISMAN: I read it. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 23 COUNCILMAN ALBAUM: I read it. COUNCILWOMAN COHEN: The magistrate said there is 42 items. We don't believe they are public records. We are going to hand them the 42 items. There is nothing there. MAYOR GROISMAN: Why don't you just hand them as part of the settlement? COUNCILWOMAN COHEN: I am going to tell you why. If I give them that, they are going to want another 142 and then 188 and it all goes through another process of review. These are my personal items, Gabe. It's me writing to my son and mentioning I have a council meeting. No, I can't meet you. Because it says council meeting, it's not private. My son doesn't want that revealed. I'm just giving you a silly one. Okay? This is my private life, and I vehemently defend it and any of you in that position. MAYOR GROISMAN: In this e-mail, you are agreeing to produce it. COUNCILWOMAN COHEN: Because we realize that we want to settle. MAYOR GROISMAN: Let's shift to the parallel track, and this goes to Jorge or Richard or any of the attorneys in the room, have there Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 24 been any discussions with the shops about the settlement proposal or anything? COUNCILWOMAN COHEN: That is what you should be centering on. MAYOR GROISMAN: They are parallel but they are not mutually exclusive. COUNCILWOMAN COHEN: They are mutually exclusive. MAYOR GROISMAN: I disagree. Go ahead. MR. SEROTA: The offer was sent. You can see it in front of you. That is the offer that was sent on Monday. It's Friday morning. We have not heard any response. MAYOR GROISMAN: Has there been any other discussion as far as we know to resolve the case? MR. SEROTA: Justin, are you aware of any other discussions about resolution? MR. LUGER: I am not. MR. GONZALEZ: During our last executive session, you instructed me to go and meet with them relative to the other cases. While I didn't bring this case up specifically, he mentioned that there seems to be a settlement offer on its way, have you seen it. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 ' 24 25 800-726-7007 Page 25 They replied --I am going to paraphrase their reply. Something to the effect that if the settlement offer includes Councilwoman Cohen's willingness to recuse herself, kind of as a starting point. I said, listen, I am not aware what is the detail of the settlement offer. COUNCILMAN ALBAUM: Listen, I want to hear from Seth and Jeff on this. Okay? Go ahead. ASSISTANT MAYOR SALVER: One thing that might be an issue that we can look at -- I don't disagree with a lot of what has been said. It's taxpayer money, but at the same time if we go public with the fact that we are going to cut the purse strings, then what motivation does the shops have to settle at all? COUNCILWOMAN COHEN: Thank you. Thank you. MAYOR GROISMAN: So understand the proposal that I am thinking of here is when you can make a deal with lawyers, we have them in our firm all the time. I am sure Richard has them in his, Joe in theirs all the time as well. You are not saying that they are not going to be represented. You make a deal with the lawyers as far as what his fees are going to be. He is not going to stop Veritex.t Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 26 working. Maybe there is a misunderstanding. Not to cap his work, to cap how much we are going to pay him. Another idea is -- we do it all the time, Patricia. For example, a flat fee. If we can do on this case $100,000 flat fee, I would take that tomorrow as a lawyer. ASSISTANT MAYOR SALVER: Because if he says COUNCILMAN ALBAUM: He makes $100,000. MAYOR GROISMAN: Patricia, I am not even saying what the number is. COUNCILWOMAN COHEN: No, I know. MAYOR GROISMAN: The idea is, just to respond to Seth, I am not proposing anything as far as cutting the purse strings in the sense that they are going to say, okay, now we push harder because they don't have a lawyer. COUNCILMAN ALBAUM: Right. COUNCILWOMAN COHEN: That is exactly what they are going to do and my attorney is going to --by the way, he hasn't really --I haven't asked him this question because I don't want to put him on the spot and more than an attorney, we are friends, and he feels he's invested in this. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 27 How do we ask him if these people continue to push us against the wall, the opposing party, how do I ask him after 100,000, whatever, 50, whatever it is, to keep going and working for nothing when his time can be used at $595 to represent all the other clients. It's just not fair. He didn't do anything. He is trying to settle it. MAYOR GROISMAN: He's trying to settle it this week. COUNCILWOMAN COHEN: He has been trying to settle it for awhile. MAYOR GROISMAN: Has he sent a settlement offer before today? COUNCILWOMAN COHEN: He has been talking about it, but they keep pushing for more discovery and more discovery, so you cannot settle. MAYOR GROISMAN: Just to answer your question and then we will see what Jeff has to say on this, but that is a negotiation that lawyers have literally every week on capping fees or on flat fees. It's not some sort of unfair thing, believe me. COUNCILWOMAN COHEN: Gabe, when the other side wants to come to it, these people, it is not Veritext Legat Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 28 in their best interest. MAYOR GROISMAN: It's a question of numbers. COUNCILWOMAN COHEN: They have no limit. They can spend as much as they want. So they will ride us out. They don't want to settle. MAYOR GROISMAN: Patricia, it's a question of numbers. It's not a question of if he will do it. There is a price. COUNCILWOMAN COHEN: I am talking the Bal Harbour Shops. MAYOR GROISMAN: But there is a price at which he will be comfortable and happy with a flat fee of all of this. COUNCILWOMAN COHEN: You know what he told me? He doesn't want one more penny. He wants his December bill paid, and he wants to settle. He doesn't want to continue. He doesn't want the animosity. He doesn't understand why he would continue, but if they keep filing motions for this, motions for that, what can he do? MAYOR GROISMAN: Let's hear from Mr. Freimark. MR. GONZALEZ: You have a second case that is not being discussed, but that is I don't think Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 29 part of the settlement. MAYOR GROISMAN: No, it's not. MR. GONZALEZ: Correct. COUNCILWOMAN COHEN: Our energy, we should be here talking about Bal Harbour Shops, what is on their mind. MAYOR GROISMAN: Patricia, he is charging us over $50,000 a month. COUNCILWOMAN COHEN: You are disputing it based on the premise that you feel that he is being dishonest. MAYOR GROISMAN: I know he is. COUNCILWOMAN COHEN: Then you need to work that out with him. MAYOR GROISMAN: He is not my attorney, Patricia. He's yours. We are just paying the bills. COUNCILWOMAN COHEN: I cannot dispute his bills. How would you like me to dispute his bills? I am not knowledgeable in that. I can't look at them. MAYOR GROISMAN: What we are asking you is, what I am proposing, and it sounds like Dave is proposing, is to assign somebody in this room, and I don't think it should be a councilmernber. It Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 30 needs to be either Richard Weiss or Jorge Gonzalez MR. GONZALEZ: I think it has to be Richard. MAYOR GROISMAN: -- to go and negotiate with him. Nothing that is going to affect your defense of this lawsuit at all, but we need to sit down and get serious with him and say the $50,000 a month party is over. This case is already winding down. We have already spent a lot of money on it. He knows how to negotiate for himself, I promise you. COUNCILWOMAN COHEN: You just said the case is winding down, but you stand corrected. The case might just be revving up. COUNCILMAN ALBAUM: That is right. That is the problem. MAYOR GROISMAN: They will negotiate. COUNCILWOMAN COHEN: The problem is with Bal Harbour Shops, not with my attorney. MAYOR GROISMAN: He will negotiate the right deal for himself. What r•m trying to do is to get Richard to go in there and negotiate a price certain for us because we are paying the bills and they are getting out of hand. That is ---------- Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 31 all we are focusing o~. Let's go to Jeff. COUNCILMAN ALBAUM: Richard, I would like this done before the 20th. I know it's only Tuesday, but if you could get right on it before the council meeting on the 20th. MR. WEISS: I will try. MAYOR GROISMAN: See if he will like your proposal. MR. WEISS: Okay. MAYOR GROISMAN: Jeff. COUNCILMAN fREIMARK: So I too can't opine on the past and I understand clearly that the appropriate representation needs to be provided. That is the obligation. As I see it, there are two primary issues. One is the question of fees and dollars that are being paid, and those are bifurcated from my perspective as well. One is the cash dollars and second are the optics on this because I think it's incumbent on the council to be mindful of the optics that is playing out in the community as well relative to all of the fees that are being paid which can be categorized in the minds of many as waste because it's truly not a value added back Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 32 to the community. Then, secondly, is bringing all of this to closure with the objective of coming to a settlement. Reasonable parties, including lawyers who need to be controlled by their clients need to be directed towards a point of settlement. I, too, as Gabe espoused, am very used to working with flat fee arrangements. We do that all the time in terms of litigation or specific projects with the exception being somewhat transactionally oriented if we are doing specific types of transactions, but even in those cases many times it's a flat fee type of an arrangement. We deal with some of largest firms in town in terms of that because it's part of the economics of a firm and the lawyers do know how to assess their cases and understand the risks and the rewards and the potential of that and can't necessarily turn back the hands of time. So I truly don't know what the rights are of the council, the village council or counsel counsel to be able to go and renegotiate the fees and rates at this point in time. What we need to do from the perspective of the council is to bring this to closure. We need Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 -----·------------------ Page 33 to absolutely bring this to closure. COUNCILWOMAN COHEN: And everything that you have said is sound. Okay? But the optics, Jeff, the optics are that everybody that has come to this council meeting has stood up there and said, let's not negotiate with these, quote/unquote, terrorists, which is exactly what they are doing. They file a lawsuit against Martin and I because we voted against them. Not against him and him because they voted in favor. So let's not get buried in the facts of the case. MAYOR GROISMAN: They didn't file a lawsuit against Martin. COUNCILWOMAN COHEN: Yes, they did. They filed a public records. well. MAYOR GROISMAN: We got a public records as ASSISTANT MAYOR SALVER: Yes. MAYOR GROISMAN: We did. Yes, we did. COUNCILWOMAN COHEN: But they were proceeding against Martin. MAYOR GROISMAN: Just to be clear, we all got public records requests. Some of us just turned over the documents, and others had other Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 34 issues, but we all got public records request. All of us. Every member of the council. COUNCILMAN ALBAUM: Seth, did you have COUNCILMAN FREIMARK: I do believe it is incumbent on the council to work towards a cap in terms of legal fees, direct the lawyers to work towards a settlement as well. COUNCILWOMAN COHEN: To work toward a settlement with Bal Harbour Shops you mean. COUNCILMAN FREIMARK: Yes, yes, yes, with all parties. A settlement can't happen unilaterally. In this case, it's a bilateral transaction. So it has to work amongst both of the parties, and there are more holistic, and there are other issues that are incumbent on both sides to want to bring this to closure as well. We have got to get this thing done and behind us. We have other issues to deal with. We have other items to deal with. We have to get rid of this. COUNCILWOMAN COHEN: Well, this is on the table and it has been how many days and they haventt responded. MR. GONZALEZ: We don't know. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 close. Page 35 MAYOR GROISMAN: Let's just bring to a COUNCILMAN ALBAUM: Seth, did you finish? Because I know you were kind of cut off. Did you finish? I think you might have got cut off. I don't know. ASSISTANT MAYOR SALVER: I am just concerned. I like the term in here that says we are not going to be responsible for Shubin & Bass bill. I don't know how realistic this settlement is. MR. SEROTA: It's a settlement offer. In other words, it is an appropriate way to start. We are waiting for a response. ASSISTANT MAYOR SALVER: Okay. MAYOR GROISMAN: Just to try to gather all the thoughts that everyone said, it sounds like the council is saying that Richard Weiss should try to see to work towards two different things. One, which I'm sure Patricia will be very happy with. Correct me if am wrong, Patricia. To push the shops and him, to push him to prioritize trying to get this lawsuit --I am only talking about this lawsuit, which is just a document lawsuit. Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 36 The comment that Jorge was told by the shops had nothing to with this lawsuit because this lawsuit is just about documents. Not about the Sunshine Act or any of those other issues. So to push to prioritize resolving this lawsuit and similarly, on a parallel track, to work with him to get either a cap or a flat fee I am not saying what the number should be -- in a way that doesn't affect Patricia's defense in any way, shape or form, but it protects us financially. If we were a private party, we would be doing that as well. MR. WEISS: I think it would be helpful if you can agree on the range of flat fee or cap that you are talking about. COUNCILWOMAN COHEN: How can you agree on the range if you don't know what Bal Harbour Shops is going to do, Richard? I have played this out in many ways with Ken. MR. WEISS: You are sending me to try to negotiate a flat fee or a cap. COUNCILWOMAN COHEN: But you are the attorney. MR. WEISS: Yes. COUNCILWOMAN COHEN: You are the attorney Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 37 for the village. MR. WEISS: Right. COUNCILWOMAN COHEN: How do we know what we have in store? MAYOR GROISMAN: I actually don't think we should give you a number, Richard. What I suggest is that we don't close the deal with him, but see what you can get. You are the client. MR. GONZALEZ: What is the cap he would agree to. MAYOR GROISMAN: Right. See what you can get for us, all of us, everybody in Bal Harbour. COUNCILWOMAN COHEN: You have a recurrent pain, tooth ache, and you go to the doctor and they find you have a root canal. The next week you have something else, and you keep going. Listen, I can't stand this. It's all the time. It looks like we are going to have to do the whole mouth. Can you do me a flat fee? Well, no, because I have to go into every tooth and see what is under every tooth. Some of them might be root canal. MAYOR GROISMAN: Then the dentist will say the mouth is perfect. Your dentist might say all that will cost $100,000 over two years, but if Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 38 you give me $50,000 today, today's money, I will take it today. COUNCILWOMAN COHEN: I have never found a deal like that. Then they have to do like cosmetics. They will say, no, no, no, we have to do it in stages. MS. TREVARTHEN: One at a time. One at a time. COUNCILMAN ALBAUM: I don't believe this council is prepared to be looking at a three or four million dollar bill a year from now. COUNCILWOMAN COHEN: You are simplifying it. MAYOR GROISMAN: Guys, guys, guys. COUNCILMAN FREIMARK: This is an entirely theoretical conversation. Until Richard goes and have the conversation to determine what your lawyer may or may not be interested in, we are debating this amongst ourselves without that party at the table. COUNCILWOMAN COHEN: He should have been here. MAYOR GROISMAN: He is not allowed to be here under the law. COUNCILMAN FREIMARK: I think the VeriteJ..'t Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I- 800-726-7007 Page 39 instruction from my perspective, the instruction is for counsel to go and have a discussion, state the objectives that we are defining here this morning and see what the response is in terms of being able to get guided towards a lump sum type of an arrangement. MR. WEISS: Yes. MAYOR GROISMAN: With the goal also of reaching a quick resolution. That should be a priority. Before we go on to the next, to close this and open to go onto the next case, does anybody have anything else they would like to say? COUNCILMAN ALBAUM: Of course, I had no idea that we were going to be presented with this today. I thought the case was just rolling along.· COUNCILWOMAN COHEN: By my attorney not to be here and excluded from being here. COUNCILMAN .ALBAUM: No, no, no. This is a good thing. I was prepared if this wouldn't have happened, I was prepared to just put this to a vote on Tuesday on a cap. This doesn't really have to happen, but if he does, if he does get something agreed upon by Tuesday, we can certainly vote on it. Veritext Legal Solutions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 -·-··-··-··-------------- Page 40 MAYOR GROISMAN: Do we have to vote on the retainer agreement? MR. SEROTA: It was a resolution. MAYOR GROISMAN: To amend it. MR. GONZALEZ: A vote to amend the resolution. COUNCILMAN ALBAUM: If not, then it will go to January. COUNCILWOMAN COHEN: The council can't amend a resolution. I have a contract with this man. MS. TREVARTHEN: He can agree to change it, and they can approve it. MAYOR GROISMAN: Patricia, the contract, every lawyer's contract is at will. You can renegotiate it. You can actually fire him or he can fire you at any time under Florida law. COUNCILMAN ALBAUM: So it's less than two weeks. MAYOR GROISMAN: Wait. The discussion is not over for the day because we have one more coming up. This attorney/client session has now been terminated and the meeting is now open. The public is now invited to return for any further Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Page 41 proceedings or matters. MR. WEISS: Just somebody open up the door. I can't get up. (Thereupon, the proceedings were concluded at 8:49 a.m.) Veritext Legal Solutions 305-376-8800 1 2 3 4 Page 42 C E R T I F I C A T E 5 I, Mary G. Stephenson, FPR, State of Florida at 6 Large, certify that I was authorized to and did 7 stenographically report the foregoing proceedings and 8 that the transcript is a true and complete record of my 9 stenographic notes. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dated this 3rd day of January, 2017. Mary G. 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