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HomeMy Public PortalAbout2004-03-16 AttorneyClient Session CASE 980026APBAL HARBOUR VILLAGE ATTORNEY-CLIENT SESSION .March 16, 2004 655 -96th Street Bal Harbour, Florida 8:30 o'clock a.m. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 MAYOR DANIELS. TANTLEFF ASSISTANT MAYOR SEYMOUR "SY" ROTH COUNCILMAN HOWARD J. BERLIN COUNCILMAN PEG E. GORSON VILLAGE MANAGER ALFRED J. TREPPEDA EDWARD GUEDES, ESQ. Weiss, Serota & Helfman, P.A. ELLISA HORVATH, Deputy Clerk PERSONAL TOUCH REPORTING, INC. (305) 944-9884 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 THEREUPON, THE FOLLOWING PROCEEDINGS WERE HAD: MAYOR TANTLEFF: I'm calling this public meeting to order. Call the roll. MS. HORVATH: Mayor Tantleff? MAYOR TANTLEFF: Present. MS. HORVATH: Assistant Mayor Roth? ASSISTANT MAYOR ROTH: Here. MS. HORVATH: Councilman Gorson. COUNCILMAN GORSON: Here. MS. HORVATH: Councilman Berlin and Councilman Jacoby are absent. M~YOR TANTLEFF: Thank you. The time is now 8:34 a.m. We are about to have an attorney-client session in accordance with Florida Statute 286.011 regarding the litigation styled Edward Law versus Bal Harbour Village, United States District Court for the Southern District of Florida, Case Number 03-22741 CIV-COHN/ SNOW. The session is estimated to last one half hour and the following people will be in attendance at this meeting: Myself and Village Council Members Sy PERSONAL TOUCH REPORTING, INC. (305) 944-9884 3 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 14 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 Roth, Howard Berlin, and Peg Gorson. The Village Attorney is Richard J. Weiss and Edward G. Guedes, Village Manager, Al Treppeda. 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. Ellisa, do you want to just note Mayor Berlin has entered the room? MS. HORVATH: Yes, sir. (Thereupon, Ms. Horvath left the room.) MR. GUEDES: Good morning, everyone. By way of introduction since I don't think I've the pleasure of meeting all of you, my name is Edward Guedes. I'm with Weiss Serota in the Miami office. We're here today to discuss a settlement proposal that is on the table with respect to litigation that was filed against the Village by a gentleman named PERSONAL TOUCH REPORTING, INC. (305) 944-9884 4 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 25 Edward Law. By way of brief background, this lawsuit is being filed --it was filed in Federal Court under the Americans with Disabilities Act alleging that certain of the facilities in the Village were not accessible to individuals with disabilities. Specifically, what they were concerned about were the beach access issues over the public beach here in Bal Harbour, the parking lot that services the beach, the access route that services from the parking lot to the beach, and actually accessibility issues at the beach near the edge of the sand. I'm not aware how familiar you all are with the American Disabilities Act, but basically it is a. Federal law that requires all local governmental entities to make sure that all of the services and facilities that they offer to the public are accessible to individuals with disabilities. One of the reasons you have this PERSONAL TOUCH REPORTING, INC. (305) 944-9884 5 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 25 beautiful brand new Village Hall that is wonderfully compliant was bP.cause the old Village Hall had a lot of issues in terms of accessibility and it needed to be updated. Unfortunately as it exists right now, your facilities at the beach are not accessible. Your parking lot is in violation, your ramp access to the beach is in violation and arguably your, access on to the facilities at the beach, the pathway, the concessions that are there, that's not accessible. Fortunately, we're in a position right now to resolve this before it becomes inordinately expensive to resolve it. We have a settlement proposal from the Plaintiff with whom I have met with his lawyer, with their consultant, with the Manager. We have walked the facilities. I'll tell you right now just off the top that I have litigated with this PERSONAL TOUCH REPORTING, I NC. ( 30 5) 9 44-98 84 6 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 1 5 16 17 18 1 9 20 21 22 23 24 25 particular Plaintiff's lawyer before. By and large, as far as they go in this particular area of law, he is one of the more reasonable ones. You know, he does not come in asking for the moon and I believe his proposal is consistent with that approach. There are five items that they have asked for. The first one is that parking at the north end of the beach, the Village will ensure that the new construction of the parking will comply with applicable Federal regulations. He's not giving us a particular deadline. He's open ended, which I think works great for us because from my understanding with discussions with the Manager is that there are ongoing discussions with the building that is going up there and we may be able to work with them to get full compliance in the parking lot at minimal or no cost to the Village. So it's nice that it's open ended. We don't have a deadline to face there. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 7 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 25 Second, the access route from the parking lot to the beach. They're basically asking that we maintain the ramp the way it is because the slope is in compliance, that's fine, and that we will install a railing, a safety railing. I don't know if any of you are familiar with the ramp at the end, but it pitches down towards the beach and it also pitches to the side on a much steeper slope and there is no handrail there. That is a violation. So basically, they're asking for a metal handrail to be installed in that location to prevent people who are using a wheelchair --to prevent them from going off the edge. They are asking that that hand rail be installed in a period of two months. Third, beach access. This is very open ended. They're saying the Defendant will within two years create beach access as mandated by the Federal regs. Basically, what they are looking for here is: Directly behind the Sheraton, PERSONAL TOUCH REPORTING, INC. (305) 944-9884 8 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 15 16 1 7 18 19 20 21 22 23 24 25 there are some concession areas. What they are asking for is not that we provide access all the way to the water. What they're asking for is the Village and/or cooperation with the Sheraton to install a temporary plastic pathway that can be moved in and out as need be to provide access to an area of the sand where individuals can go out and lay out and get tanned. Otherwise, they can't get past all the concession areas. Again, it may be that that could be worked out with the Sheridan in negotiations. I'm not sure. MAYOR TANTLEFF: Why the Sheraton? MR. GUEDES: Because it's right behind their property. MAYOR TANTLEFF: Why the Sheraton and not behind the Harbour House or -- COUNCILMAN ROTH: You've all the boats there, the catamarans and all these MANAGER TREPPEDA: I think behind the Sheraton was their request, wasn't it? MAYOR TANTLEFF: But why would they PERSONAL TOUCH REPORTING, INC. (305) 944-9884 9 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 1 5 16 1 7 1 8 19 20 21 22 23 24 25 want it behind the Sheraton -- MR. GUEDES: They don't own the beach, but MAYOR TANTLEFF: Yes. Why not behind the Harbor house or the Tiffany or some other buildings? MR. GUEDES: When you look at the way it's set up, our whole section of the beach, everything does seem to center back into behind the Sheraton. That is the main opening out into the beach. The other areas have a pathway, have a jogging path or a biking path or whatever it is that meanders through the area, but the main entrance is right behind the Sheraton. MAYOR TANTLEFF: I'm just not sure the Sheraton is going to want that with all the tourists, having this plastic blanket moved back and forth. MR. GUEDES: We're probably talking about a three food wide MAYOR TANTLEFF: MR. GUEDES: All right. path. Again, we can come up with another PERSONAL TOUCH REPORTlNG, INC. (305) 944-9884 10 1 2 3 4 5 6 ? 8 9 1 0 1 1 1 2 1 3 14 15 16 17 1 8 1 9 20 21 22 23 24 25 idea. They're not being specific as to what they want, but they do want some kind of access out to the sand with appropriate signage indicating where this access point is. MAYOR TANTLEFF: Why don't we do it to the north end of the beach? COUNCILMAN ROTH: Are we talking west-east only? MR. GUEDES: Right, west -- COUNCILMAN ROTH: So in other words --now, I get the point. I thought that they couldn't walk the beach because the Sheraton had boats there and other things. MR. GUEDES: No, no. COUNCILMAN ROTH: So you're saying this plastic could be really any place. MR. GUEDES: It could. COUNCILMAN ROTH: It could be the Balrnoral right adjoining the MR. GUEDES: As long as they're signage in the -- COUNCILMAN ROTH: Okay. I understand it. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 1 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 15 16 1 7 18 1 9 20 21 22 23 24 25 Now, in other words, it's a three foot MAYOR TANTLEFF: I'm not -- COUNCILMAN BERLIN: The Sheraton is no different in that it's a private enterprise than any of the other buildings. COUNCILMAN ROTH: Yes. COUNCILMAN BERLIN: And the concessions are not City concessions. It's iust no different than somebody walking out behind one of the condominiums to the chairs that they put out to the beach. That's his point. COUNCILMAN ROTH: Right. COUNCILMAN BERLIN: I understand what the attorney is saying. If you can visualize the walkway, the way it was installed and designed, it's surrounded throughout its entire path except for one area, and that's where the Sheraton is. If you can visualize behind the Sheraton, the east side of the pathway is open. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 2 1 2 3 4 5 6 7 8 9 1 0 11 12 1 3 14 1 5 1 6 1 7 18 1 9 20 21 22 23 24 25 So I guess the lawyer --not this lawyer --but the other lawyer is suggesting that we intended that to be the primary access point from behind. Danny's point, though, is better. I mean, most people --anyone who comes from that area is going to be coming 99 percent of the time from the Sheraton. COUNCILMAN ROTH: From the Sheraton. COUNCILMAN BERLIN: They're hotel guests. Danny's point is that if you're parking in the north parking lot, the most logical place to put th~ path is where the people are going to park, and I happen to agree with that. MAYOR TANTLEFF: And the path doesn't go to the jetty. Jt goes before the jetty. COUNCILMAN BERLIN: In other words, if he's talking about public access -I mean true public access --it ought to be on the extreme south side where the Majestic is where people can walk off the street, 96th Street -- PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 3 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 1 8 1 9 20 21 22 23 24 25 MAYOR TANTLEFF: Right. MR. GUEDES: That's fine. COUNCILMAN BERLIN: --or on the extreme north side where the jetty is. MAYOR TANTLEFF: There's no place to park in the extreme south side. COUNCILMAN BERLIN: No, but at least you could understand how MAYOR TANTLEFF: They could walk from the public COUNCILMAN BERLIN: They could walk from the public, because you can't walk up the middle of Collins Avenue and then make a right turn on to the beach. It's all public property. Even the Sheraton, you're not supposed to do that, either. MR. GUEDES: Their proposal is not specific, but they do want beach access MAYOR TANTLEFF: Okay. Good. COUNCILMAN ROTH: The parking lot is not owned by Bal Harbour Village. It's owned by the D.O.T., the Department of Transportation. MR. GUEDES: It is. COUNCILMAN ROTH: So they should put PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 4 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 :o :1 '2 '3 4 ·s it in. MR. GUEDES: If you can arrange it with them, that's absolutely fine, but we are putting it out as our parking area for the public to use the beach in our space. COUNCILMAN ROTH: Yes. They can go fishing, or go whatever. MR. GUEDES: But like I say, it's very open ended. They're not asking for a specific point. One of the reasons, by the way, that the Sheraton got floated in this is there's a possibility it's not a major expense, but I'm saying there's a possibility here that if you approach the Sheraton, they might be concerned ending up the target of a lawsuit themselves along the line and be willing to extend the pathway themselves because they conceivably could be in violation for not providing access facilities and concessions that Dade contracts with to provide them with. So that's the only reason it was floated COUNCILMAN ROTH: This is something PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 5 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 1 4 15 16 1 7 1 8 1 9 20 21 22 23 24 25 that rolls up at night? MR. GUEDES: Yes, exactly. COUNCILMAN ROTH: You could roll it up at night and then roll it in down in the morning, like a red carpet. MR. GUEDES: Exactly. The hoard requirement, as I said, is just signage. Wherever we decided to put it, make sure we put signs indicating where the access is. The fifth is a catch-all. They just say --they ask the Village to survey the current facilities and determine that they're fully compliant, that they're accessible, and address if there are any concerns. It's not specific. They don't have a time frame. They don't say anything. I think it's just a catch-all to say, you know, please make an effort to bring --to have all your facilities in compliance. Now, there is --the last issue is the payment of attorney's fees and costs. Okay? COUNCILMAN BERLIN: That's always PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 6 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 1 5 16 1 7 18 19 20 21 22 23 24 25 MR. GUEDES: Yes, it is. COUNCILMAN ROTH: These two individuals, the disabled individual and the attorney, are they always in every one of these cases -- MR. GUEDES: No -- COUNCILMAN ROTH: -or there's a different -- MR. GUEDES: Sometimes they do -- COUNCILMAN ROTH: I thought maybe it's a brother-in law and they do the rounds MR. GUEDES: No, because that's not so far fetched. I have run into situations where it's the same group that is suing COUNCILMAN ROTH: Yes. The guy makes a living MR. GUEDES: The last time I litigated with Mr. Brady, who is the attorney, it was a completely different set of Plaintiffs. So I don't know if he has other litigation ongoing. MAYOR TANTLEFF: How much are the PERSONAL TOUCH REPORTING, INC. (305) 944-9884 17 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 15 1 6 1 7 18 1 9 20 21 22 23 24 25 attorney's fees? MR. GUEDES: The attorney's fees and costs would end up being just over $12,000. MAYOR TANTLEFF: What do you think, Mayor? This is your area of expertise. COUNCILMAN BERLIN: This is on the record. I'm not going to -- MR. GUEDES: Well, let me give you a clear understanding of what is going on here before we talk about that. COUNCILMAN BERLIN: Did he give you a billing statement? MR. GUEDES: Yes. I have a billing statement. COUNCILMAN BERLIN: And does it show a breakdown by tenths of an hour of what he did? MR. GUEDES: Yes, he does. COUNCILMAN BERLIN: Did you validate it? MR. GUEDES: Yes. The time that is here is not unreasonable. MAYOR TANTLEFF: What are you suggesting? PERSONAL TOUCH REPORTING, INC. (305) 944-9884 1 8 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 15 1 6 1 7 1 8 19 20 21 22 23 24 25 COUNCILMAN ROTH: What does he get per hour? Just MR. GUEDES: His rate is $300 an hour. COUNCILMAN ROTH: Then why is Serota's $165? MAYOR TANTLEFF: No. That's for municipal work. MAYOR TANTLEFF: American Airlines is probably two grand an hour, what they charge. I'm just kidding. MR. GUEDES: No, no, no. It's not unreasonable. COUNCILMAN ROTH: All right. You're the experts. MR. GUEDES: One of the reasons I would probably recommend to you that I mean, I'll talk to the man individually and see if I can't work the amount down, but if it can't be worked out, you're going to spend as much money litigating over the attorney's fee issue as --or more than just paying it if it can't be worked out because like I said, there's PERSONAL TOUCH REPORTING, INC. (305) 944-9884 19 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 19 20 21 22 23 24 25 nothing here that screams out the Judge is going to look at, oh, my gosh. How could you possibly charge that? MAYOR TANTLEFF: Okay. MR. GUEDES: So my recommendation would be to accept it if I can't get it COUNCILMAN ROTH: Negotiate it. MR. GUEDES: Because I'm going to try, obviously. MAYOR TANTLEFF: So are you looking from us for a recommendation to settle the case? MR. GUEDES: I need direction that I should proceed and try to resolve this and start drawing up a settlement agreement. Ultimately, however, you need to formally approve the settlement at a public hearing. MAYOR TANTLEFF: So if the Council doesn't mind, can I direct on behalf of the Council to draw up the settlement? That's okay with everybody here? COUNCILMAN ROTH: Yes, not to exceed $12,000 but try to negotiate it for less than -- PERSONAL TOUCH REPORTING, INC. (305) 944-9884 20 1 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 25 MAYOR TANTLEFF: Right, and not only a dollar amount, but also to try to do this public access where it makes sense, either the south side of the Majestic or what makes more sense, the north side because that's where the parking is. Is that good with everybody? COUNCILMAN GORSON: Yes. COUNCILMAN ROTH: Yes. MAYOR TANTLEFF: Okay. Thank you. MR. GUEDES: Now, just so -- Councilman Roth, the exact amount because you said not to exceed 12,000. The exact amount is $12,408. COUNCILMAN ROTH: Oh - MR. GUEDES: I just didn't want to mislead you into thinking -- COUNCILMAN ROTH: Not the exceed 13,000. MR. GUEDES: Then you're fine. MAYOR TANTLEFF: What else, counselor? MR. GUEDES: That's it. We're done. MAYOR TANTLEFF: Thank you. MR. GUEDES: That's not bad. 18 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 21 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 25 minutes. (Thereupon, Ms. Horvath returned to the room. ) MAY'OR TANTLEFF: the public meeting. I will now reopen This is the conclusion of the attorney-client session. The attorney client session has now been terminated and members of the general public are now invited to return for any other proceedings or matters. I make a motion to adjourn the executive session. COUNCILMAN ROTH: Second. MAY'OR TANTLEFF: All those in favor, say aye. THE COUNCIL (IN UNISON) Aye. (Thereupon, the meeting was concluded at 9:50 o'clock a.rn.) PERSONAL TOUCH REPORTING, INC. {305) 944-9884 22 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER STATE OF FLORIDA) ) ss. COUNTY OF DADE) I, CAROLE BECKER, a Notary Public in and for the State of Florida, do hereby certify that I reported the foregoing meeting at the time and place hereinabove set forth; and that the foregoing pages numbered from 1 to 22, inclusive, constitute a true and correct transcription of my shorthand report of the meeting. WITNESS MY HAND AND SEAL in the City of Miami, Dade County, Florida, this 17th day of March, 2004. CAROLE BECKER PERSONAL TOUCH REPORTING, INC. (305) 944-9884 23