HomeMy Public PortalAbout2017-09-26 AttorneyClient In The Matter Of Kent Harrison Robbins CASE 17235AP_PetitionForCertiorari1
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BAL HARBOUR VILLAGE
ATTORNEY1/CLIENT SESSION
OP~GINAL
IN THE MATTER OF KEN T HARR I SON ROBBINS v .
BAL HARBOUR VILLAGE, ET AL
CASE NUMBER : 17-235 -AP (Petition for Certiorari)
BAL HARBOUR VILLAGE HALL
655 96th STREET
BAL HARBOUR, FLORIDA 33154
TUESDAY , SEPTEMBER 26, 2017
6:17 p .m. -6:40 p .m.
Taken before Mary G. Stephenson , FPR , Notary
Public for the State of Flor ida
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APPEARANCES :
COUNCILMEMBERS:
GABRIEL GROISMAN , MAYOR
(Appearance via telephone)
SETH E. SALVER, ASSISTANT MAYOR
DAVID ALBAUM, COUNCILMAN
PATRICIA COHEN, COUNCILWOMAN
JEFFREY FREIMARK , COUNCILMAN
VILLAGE MANAGER:
JORGE M. GONZALEZ
VILLAGE ATTORNEY :
WEISS SEROTA HELFMAN
COLE & BIERMAN , P.L.
BY: JOSEPH SEROTA, ESQ .
SUSAN TREVARTHEN, ESQ .
VILLAGE CLERK :
DW I GHT S. DANIE
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(Pres ent during public session only .}
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Thereupon, the following proceedings were had:
L_
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MR. GONZALEZ: Can you for the record state
that you are in the car by yourself?
MAYOR GROISMAN: Yes.
ASSISTANT MAYOR SALVER: For the record, I
am calling the meeting to order.
Please call the roll.
MR. DANIE: Yes. Roll cal l .
Mayor Groisman.
MAYOR GROISMAN: Here. I am appearing by
telephone. For the record, I am in my car driving
home from work, driving to the village hall from
work by myself.
MR . DANIE : Assistant Mayor Salver.
ASSISTANT MAYOR SALVER: Here .
MR. DANIE: Councilman Albaum .
COUNCILMAN ALBAUM: Here.
MR. DANIE: Councilwoman Cohen.
COUNCILWOMAN COHEN: Here.
MR . DANIE : Councilman Freimark.
COUNCILMAN FREIMARK: Here.
MR. DANI E : We have a quorum .
(Thereupon, Mr. Danie left the room.)
ASSISTANT MAYOR SALVER : The time is now
6:10 . We are about to have four attorney/client
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sessions in accordance with F lorida Statute
286.011(8) regarding the l itigat i on matters styled
as follows: Kent Harrison Robbins versus Bal
Harbour Village, et al , 1 7 -235-AP, petit ion for
certiorari.
Each session is estimated to las t 1 5
minutes and the following people will be in
attendance: Those members of the village council
named in t he roll call, the village manager, Jorge
Gonzalez, v il lage atto rneys , Susan Trevarthen and
Joseph Serota .
Each attorney/client session wil l be
recorded by a certified court reporter and , at the
conclusion of each litigat ion discussed , the
t ranscrip t of that litiga tion will be made part of
the public record.
All those individuals who I have not named
should leave the room at this t ime.
MR. SEROTA : Gabe , this is Joe Serota . How
are you?
MAYOR GROISMAN : Joe, I'm sorry , you and
everybody. I just was in a deposition that was
running la te . There was no way to finish earlier .
MR . SEROTA: We are going to start with --
I'm sorry for not being prompt . ~
L__ ____ _
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we are hoping t o do each of these fairly quickly,
but we have to open and close each one .
The first one is a petition for certiorari .
That means that it 's in the appe l late division of
the circuit court . This is b r ought by Kent
Robbins, Harrison Robb i ns against the v il lage .
You may k n ow that the bas i c claims that he
is bringing is that he was denied intervenor
s t atus. Tha t i s one argument he h as , t hat he
shou l d have been declared i ntervenor.
Then the second argument he has is that the
approved p l ans don 't comp l y with the code
regardi n g a truck load i ng f acil i ty .
To t h e extent you want, we can get into
more detail about wha t exact l y he says .
So f ar, he has filed h is comp l aint . Excuse
me , the petition. There have been some de l ays
because he had asked to amend and the court hasn 't
ruled on his motion to amend yet. We have not
objected to his just havi ng a l itt l e bit more
time, but we have objected t o some of the requests
tha t he has made rela t ing to the record.
In any case , the case is pending. We
haven 't f il ed o u r response, although we are ready
to .
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T h e Shops have provided us with a draft
response t hat they would file . So we are sort of
working --
MS . T REVARTHEN : We have an ag r eement for a
joint defen se, so that is prote cti on.
COU NCILWOMAN COHE N : The Shops joined us?
MR . SEROTA : No . Th ey fi l ed separate , b ut
the joint defense , as Susan says , and Gabe , I 'm
sure , does this all the time , it allows us to keep
an attorney/client privi l ege . So i f we t alk to
the Shops and the Shop s talk t o us , t hat gives us
that ab ility to d o th at , and it is st ill p r ot e cted
by atto r n e y/cl i ent privi l ege .
MS . TREVARTHEN : And we are both
r espondents to the same pet i t i on . So we a r e in
the same posit i on in the litig at i o n.
MR . GO NZALEZ : Were they served as well or
was there
MR. SEROTA: This is a petition. No .
MS . TREVA RT HEN : Yes , t h ey were . Yes , they
were . So we are like codefendan t s , but because
i t 's a petit i on , they are called coresp ondents .
MR . SEROTA : That is really the status of
the matter . There is not a lot happe n ing .
These are his claims if you guys ha v e any
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questions about the claims .
The r e is an issue, a legal issue regarding
the l evel o f review. That is, for example ,
whether he i s an intervenor, whether it is an
abuse of discretion review or whe t her we just have
to show that we complied with the l aw. So there 's
a lot of different issues that wi l l be addressed
on appeal.
MS. TREVARTHEN: You may recal l that this
is the petit i o n in which there was the mo t ion
pract i ce and ori ginally Mr . Robbins filed a motion
t o compel t h e produc t ion of the record in the
manner tha t h e p r eferred . The cou rt did ru l e o n
that saying tha t he was not e n ti tled to the motion
t o compel.
As Joe said, what is open ended is t he
court had given additional time to amend .
Mr. Robb i ns didn 't amend within the time that was
provided.
So t h at time ran , and a t this point i t 's a
l ittle bit unc l ear what the s t atus of t hat
petition is .
MR. GONZALEZ : How does that get resolved?
MS. TREVARTHEN: He asked f or addi t iona l
time . I t was d u e b y a certain date , and I t hink
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eight days later he asked for additional time to
amend .
At that point , our response was , you know,
there was a deadl ine and i t wasn't met, so it
shouldn 't be granted, but at this point, the court
is still considering that motion. It holds all
the deadlines, but we are not quite sure exactly
where that i s going to go.
MR. GONZALEZ: When will you find out?
MS . TREVARTH EN: When t he court acts.
MR. GONZALEZ : There is no
MR. SEROTA: The appellate division is a
difficult place to l i t iga t e. When I say i t's a
difficult place , no t that they are bad judges or
anything, but it's not adminis t ered very well .
So you don't know if you are going to get a
decision --we could get a decision tomorrow. I
mean, we wo ul dn't be surprised to ge t a decision
tomorrow.
MR. GONZ ALEZ: Or?
MR . SEROTA : Or it could be weeks from now.
MR. GONZALEZ : Nex t year.
MR. SEROTA: I don 't know about next year,
but it could be wee ks. I mean , we have had
circumstances with motion practice.
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In fact, we had one, ac t ually, in the
Imbesi case where we were waiting in the appellate
division last year for a rela t ively
straightforward ruling .
I ended up having to call the court
administrator , and then the court administrator
contacted the judge in charge and we finally got ,
ac t ually , we got a very favorable ruling, but it
took that kind of effort .
The point is we don 't really know timewise
what the status is.
We are prepared with the response . The
Shops is prepared with the response. As soon as
we do know , we can act fairly qu i ckly, but until
we know what we are replying to , we can 't file a
response .
ASSISTANT MAYOR SALVER: If the court
doesn 't grant the Robbins motion , then is this
dead?
MR. SEROTA: No, no, no. What he has filed
is
ASSISTANT MAYOR SA LVER: I t still has to be
adjudicated?
MR . GONZALEZ: So it 's just a question of
whether does he get the extensi on to amend or just
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you live with what you have.
MR . SEROTA: Exactly.
MS . TREVARTHEN: Then that would establ ish
the time frame for us to respond to that initial
petition.
As Joe said, do we have any questions or
just finishing on that one?
COUNCILWOMAN COHEN : While you were
talking , I had a question and then it fled .
MR. SEROTA: My mother always used to say ,
it couldn't have been that important. I would
say, mom , it was really important .
MS. TREVARTHEN : You have a lot on your
mind . We all do after the hurricane.
COUNCILWOMAN COHEN: He is not attacking,
he is not cha l lengi ng --he 's chal lenging the
decision. So in what way does that affect going
forward with the decision if it is being
challenged with the building of their project if
i t is being challenged by more than one person?
MR. SEROTA: There is no legal impediment.
There might be a business impediment.
MS . TREVARTHEN : Let me respond to that
because there is really more going on than just
the litigation here.
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You will recall that when you voted on this
project , it had a contingent --
COUNCILWOMAN COHEN : Comprehensive plan.
MS. TREVARTHEN: Yes. It had a contingent
effective date. That effective date depended on
first t he final approval of our year based comp
plan amendments which would then allow the small
scale amendment to the church property to become
effective.
Th en at that point, wha tever delays may be
due to ongo ing l itigation would come into play,
but right now where we are is you have the
decision to transmit your year based plan
amendments back in Ju l y.
We h ave received comments from many of the
review agencies. I spoke with your vil l age
planner recent l y, and that is moving forwa rd.
We would have to actually go t hou gh the
adoption vote , and then at that point , we would
trigger the actual effective date.
COUNCILWOMAN COHEN: So we sort of put the
cart before the horse the wa y we d i d t h ings.
MS. TREVARTHEN: We concu rrently processed
with a contingent effective date, yes.
ASSISTANT MAYOR SALVER: Any further
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comments before we close this session?
MS. TREVARTHEN: Gabe, did you have
any th ing?
MAYOR GROISMAN: No. Thank you.
ASSISTANT MAYOR SALVER: I wil l now reopen
the meeting . The attorney/client session has now
been terminated.
The meeting is now open.
MS. TREVARTHEN : Actua l ly, we can just go
st ra ight into the second one .
(Thereupon, t he proceed ings were concluded
at 6:20 p.rn .)
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C E R T I F I C A T E
5 I , Mary G . Stephenson , FPR , State of Florida at
6 Large, certify t h at I was au thor i zed to and did
7 stenographically report the foregoing proceedings and
8 that the transcript i s a true and comp l ete record of my
9 s t enog r aphic no t es .
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Dated t hi s 29 t h day of September , 2017 .
Mary G. S t eph enson , FPR
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susan 2:1 4 4:10 6:8 saying 7:14
says 5:15 6:8
scale 11:8
second 5:1112:10
separate 6:7
septem ber 1: 19
13:11
serota 2 :13,14 4:11
4:19,19,25 6:7,19
6:23 8 :12,21,23
9:20 10 :2,10,2 1
served 6 :17
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taken 1:23
talk 6:10,11
talking 10:9
telephone 2:4 3:11
terminated 12:7
thank 12:4
things 11 :22
think 7:25
session 1:8 2:18 4:6 time 3:24 4:18 5:21
I 4:12 12 :1,6 6:9 7:17,18,20,25
sessions 4:1 8:1 10:4
seth 2:5 timewise 9: 10
shops 6:1,6,11,11 tomorrow 8:17,19
9:13
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transcript 4:15
13:8
transmit 11: 13 I
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4:10 6:4,14,20 7:9
7:24 8:10 10:3,13
10:23 11:4,23 12:2
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trigger 11 :20
truck 5:13
true 13:8
tuesday 1: 19
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unclear 7:21
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versus 4:3
vilJage 1 :6, 14, 18
2:9,12,16 3:12 4:4
4:8,9,10 5:6 11 :16
vote 11:19
voted 11:1 f---------
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waiting 9:2
want 5:14
way 4:2310:17
11:22
weeks 8 :21,24
weiss 2:13
work 3: 12,13
working 6:3
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11:6,13
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