HomeMy Public PortalAbout2006-09-12 AttorneyClient Executive Session CASE 06-17444CA271
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BAL HARBOUR VILLAGE, FLORIDA
ATTORNEY-CLIEN T EXECUTIVE SESSION
ORIGINAL
656 96TH STREET
BAL HARBOUR VILLAGE, FLORIDA 33160
TUESDAY, SEPTEMBER 12, 2006
5:27 P.M.
Proceedings taken before Teresa F. Durando ,
RPR, FPR, Regis t ered Professiona l Reporter
and Notary Public for the State of Florida.
TAYLOR REESE AND ASSOCIATES, INC.
(305) 444-7331
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1 APPEARANCES
2 COUNCIL MEMBERS :
3 SEYMOUR "SY" ROTH, MAYOR
HOWARD J . BERLIN , VICE MAYOR
4 JEAN ROSENFIELD
JAIME M. SANZ
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6 VILLAGE MANAGER:
7 ALFRED J . TREPPEDA
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VILLAGE ATTORNEY :
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WEISS SEROTA HELFMAN PASTORIZZA
10 COLE & BONISKE , P .A .
RICHARD WEISS , ESQ .
11 JOSEPH A. SEROTA, ESQ .
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MAYOR ROTH : September 12, 2006 .
calling this public meeting to order .
Call the role , E l lisa .
MS . HORVA T H : Mayor Roth .
MAYOR ROTH : Here.
I am
MS . HORVATH : Assistant Mayor Berl i n .
ASS I S T ANT MAYOR BERL I N: Here.
MS . HORVA T H : Counci l woman Rosenfield.
COUNCI LWO MAN ROSENFIELD : Here.
MS. HORVATH : Councilman Sanz.
COUNCILMAN SANZ : Here.
MS. HORVATH : Councilman Jacobi is abse n t .
MAYO R RO T H : The time is now 5 :27 p .m . We
are about to have an attorney-client session in
acco rd ance wi t h Florida Statute 286 .011 re gardi n g
the l itigation s t yled Bal Harbour Shops , LLP
vers u s Vi llage of Bal Harbour in the 11th
Judici a l Circuit in and for Miami -Dade Co u nty ,
F l orida, case number 06/17444 CA 27 .
The sessio n is estimated to l ast one hour and
the fo ll owing people will be in attendance at
this mee t ing : Myse l f and Village Counci l members
Jaime Sanz, Jean Rosenfield , Howard Ber l in , and
Co u nse l Richard Weiss . Myself , City Attorney
Richard J. Weiss , Joseph A . Serota , City Manager
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Alfred J . Treppeda .
These proceedings will be recorded by a
cert ified cour t reporter and , at the conclusion
of the litigation discussed, the transcript will
be made part of the public record .
All those individuals who I have not named
shall leave the room at this time , please .
MR. WEISS : If you could turn off the mikes.
This is the first executive session that
we've had here in a while. We've been blessed
with not much litigation, which is good.
Before we get into the substance of it , I
wanted a couple of preliminary things.
First of all, I want to remind you that, even
though it's a private session, at the conclusion
of the litigation this transcript does become
part of the public record.
The second thing is that we wanted to state
on the record that we don't believe that
Councilman Berlin has any conflict at all . There
is no ethical rule that we 'r e aware of that would
prohibit him from fully participating in this.
John Shubin , who is one of the lawyers
represent i ng the plaintiffs , years ago
represented Howard Berlin and a number of other
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peop l e involving the whole Ba l Harbour Club
issue.
He advised that he has no continuing
relat i onship wi t h t he lawyer a t all, no
p r ofessional relationship in terms of
representation.
So we're putting on the record the fact that
we don't think there is any problem at all with
him participating in this proceeding .
ASSISTANT MAYOR BERLIN : I just wanted to say
that if that pr i or matter is stil l ongoing, I 'm
not aware of it . I haven't discussed it with Mr.
Shubin in many, many years . My understanding is
it is no longer proceeding because the matter was
lost. The Village lost.
I t h ad to do with the club issue which was --
MR . WEISS: '99.
ASSISTANT MAYOR BERLIN:
something like that .
Seven years ago,
Not that I'm a lawyer here, but I heard the
comment about the asserted conflict of interest
and I am not aware of a conflict .
Other than professionally knowing Mr. Shubin
in the community and bumping either into him or
h i s l aw partner from time to time at a Bar
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funct ion, I don 't have any ongoing relationship
where he 's representing me, that I 'm aware of.
I would say that to the extent that there was
any conflict, I will be happy to recuse myself
now or in the future at any time if that is a
conflict of interest . I certainly have no
interest in being involved in this to the ex tent
i t would create a pale over the proceeding.
I am looking directly at Serota and Weiss and
both are tel ling me on the record that it's okay
for me to proceed.
I am re lying on your advice to remain in the
room .
MR. SEROTA: I am not aware under these facts
as to why that would be a conflict.
ASSISTANT MAYOR BERLIN: Could you guys both
say affirmatively again , repeat it , so th at the
record is abundant l y clear .
MR. WEISS: We don't see that you have any
conflict here at all .
ASSISTANT MAYOR BERLIN : And you are advising
me to remain in the room and participate?
MR. WEISS: We are advising that you don 't
have a conflict which would require you to leave
the room, yes.
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ASSISTANT MAYOR BERLIN : Anyone else have any
questions about it?
MAYOR RO T H: I am satisfied .
MR. WEISS : Joe , why don 't you generally go
over what can be covered in the e x ecutive
session , what can 't and I will get into the
details.
MR . SEROTA: Under 286 .011 of the Florida
Statu t es , we can discuss litigation expend i tu r es,
we can discuss strategy; and that's what we wil l
present to you .
In order for you to do that intelligently , we
have to give yo u a little bit of background on
the case , what the case is about, what the
procedure is , what 's coming up.
discuss those two areas .
Then we can
MR. WEISS : I had Al provide you with copies
o f the complaint. I spoke with each o f you
individually about the lawsuit . You 're aware of
the fact that in broad brush the Bal Harbour
Shops have sued the Vi l lage seeking to remove
fr om the ballot the petition that you approved
and asking for a preliminary injunction , an
expedited p r oceed in g in order to keep this thing
off the ballot.
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T hey basical l y said it violates the
provisions of Florida law in that it upsets the
way zoning is supposed to be done .
I know that you're familiar with those
issues, because, if you remember, the first time
they d i d this petition we determined that it was
illegal and , just so the record is clear , you
remember that , when you placed it on the ballot
this time, I advised you of the fact that we
s til l had concerns about the language of the
petition, but that i n these cases we sort of err
on the side of letting the voters vote, but we
did have concerns about the language of the
petition .
Having said that, and to sort of cut through
this, because I have spoken with each of you
individually , you have three --there is three
options here for you in terms of what position
the Village takes .
The traditional position would be that the
Village would deal with this as it does with any
lawsuit and defend it. And basically the Village
had a resolution . You didn't have any choice but
to pass it . We put it on the ba l lot. But, when
the village gets sued, the normal thing to be
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done is that the Village would defend the
lawsuit . There is no requirement that you defend
the lawsuit.
So there is two other positions .
Number one, a l l the way at the other extreme ,
which we don 't recommend , is that you d o
abso l utely nothing. Under that a judge would
enter a default and the judgment would be
entered , granting plaintiffs what they asked for
and it would be removed from the ballot because
nobody would defend .
I guess the judge could l ook at it himself ,
but , generally if there is a default , the judge
is not going to get involved and he would grant
whatever they asked for .
MR . SEROTA : It 's conce i vable that the judge
could look at this and say this is a public
matter and, because he 's not convinced that there
is any merit to it , he could deny it. But in
most cases , if the other side does not defend ,
default is entered and there is judgment in favor
of the plaintiff and the relief the plaintiff
seeks is provided .
MR. WEISS: So we think the likely result , if
we do nothing , zero , is that the lawsuit --that
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the relief sought in the lawsuit would be granted
and the thing would be removed from the ballot.
The middle position, which I've also
discussed with all of you, is that the Village
basically take the position that we did not
initia t e this . Some of us maybe are not even in
favor of it, but basically this is an argument
b etween two, quote , residents of the Village , one
be ing the shops, the other being the coalition.
And we would basically file a neutral
pleading with the court basically saying that the
Village takes no position in this and whatever
the court decides, that 's what we 'll do.
So tho se are the three options for you .
really need direction from you as a body as to
what position you want us to take.
We
MAYOR ROTH: The last option that you said
where we 're neutral, in other words, we're saying
to the coalition , you want, you defend it .
you don't, then the judge will rule on the
injunction
If
MR. WEISS: I will tell you that I did have a
conversation with Dina to try to determine what
they were go ing to do, to the extent that she is
the coalition , because I have tried to be as
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courteous as poss i ble to Tucker Gibbs.
When the complaint came in, we called him.
e -mailed it to him . Dina told me that what t he
coa l ition expects wil l happen is t hat we will
defen d --the Village will defend this and they
wi ll moni t or it .
Jo h n Shubin called me yesterday to conf i rm
th a t we were having an executive session today so
I wo u ld know what the Vi l lage position was . He
had had a conversation wi th Tucker Gibbs. And he
was told by T ucker that it didn 't look like the
coalit i on was going to r aise the money to have a
f u l l de f ense o f th i s by Tucker.
Not that any of that couldn 't change, but
that's the bes t information I have .
MR . SEROTA: Under the rules of procedure,
t h e coalition could file a motion t o interve n e .
If they fi l ed a mot i on to intervene , it would
l i ke l y be granted in this case , because they
certa i nly have an interest .
If t hat occurred , t hey cou l d pursue it.
o t her words , Richard has po i nted out that
I n
factua ll y they migh t not be ready to do i t , but ,
procedu r ally, i f t hey filed their motion and the
motion is granted, they could proceed to defend
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the referendum .
COUNCILWOMAN ROSENFIELD : What does it mean?
S h e sa id if we defend the la wsuit, that they
would monitor it . What does that mean?
MR . WEISS: I think if the Village was --I
think they would probably move to --an e x pensive
way that community groups sometimes do this is
they would move to intervene , which is relatively
inexpensive for them to do .
What they would do is that we would file a
pleading and then they would adopt our pleadin gs.
That's probably what they would do if they agreed
with them .
They might file something from time to time ,
bu t basically they 're not taking the laboring oar
in terms of defending this thing in terms of the
work , which would translate into t he cost.
T hey're not expect i ng to have a huge outlay of
money is sort of what I 'm getting , although that
could change and I am not sure I am getting the
correct information .
MAYOR ROTH: Not that I 'm leaning that way ,
but, if we were , we , the Village , were to defend
this , the injunction , we're opposed to the
injunc tio n , the people have spoken , submitted a
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referendum, we were forced to vote, what do you
t hin k it would cost the Vi lla ge, legal expense?
I t 's a tough thing .
MR. SEROTA : L et me talk to you a little bit
about it. You have John Shubin. Shubin and Bass
are one of the most foremost attorneys --we're
aga in st them in probably f ive cases right now in
the area of land use and government.
what they're doing.
They know
Persona lly I have four cases against Shubin
right now.
opponents.
We're very friendly, but we're
You have Greenberg Traurig, the eighth
largest law firm in the world , who is assisting
them or working with them.
They've got emergency motions for an
injunc ti on.
MR . WEISS: Status conference .
MR . SEROTA : They have a status conference
Thursday morning. As you can see by the number
of documents here, there are some very unique
legal issues about the whole way in which the
land use regulations are made. T he Depar tment of
Community Affairs in Ta llahassee administers
master plans . There is legal issues , factual
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issues . I would think that there would probably
be some depositions taken .
They have made allegations. In order to get
an injunction , they have to prove that they were
irreparably harmed. That means that you
shou l dn 't let the referendum go , even though if
it 's held unconstitutional or improper at some
point, you have to stop it now . They have to
prove something irreparable.
I don't really buy what they 're saying , but
what they're saying is that the Bal Harbour Shops
are in the middle of planning and financing and
doing all kinds of things that would somehow be
irreparably harmed. That 's a significant amount
of what is ca l led discove r y from our part. We
need to understand exactly what the Bal Harbour
Shops are doing , who is involved, depositions ,
etcetera.
I would say , all in all --
MR . WEISS: Then just on the injunction
port i on itself, there is a trial . I mean , there
is a mini --
MR . SEROTA : Not necessarily it's the whole
bal l of wax, because they could lose the
injunction.
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MR. WEISS: If it goes on the ballot, then
you could have a lawsuit that could go beyond
that .
Their idea i s to keep it off the ballot and
then there is going to be a little trial on the
injunctive hearing just on that . Then, if they
win that, there could be an appeal.
MR . SEROTA: What the case law generally
provides is that when in doubt , let the people
vote.
time.
Genera lly that happens, but not all the
In fact, we have been --I was the lead
counsel fo r Village of Islamorada where we were
on a situation where there was a referendum that
was raised that went forward. The Village
Council took an unusual position that the
referendum was unconstitutional .
In other words , they took an aggressive
position against the referendum , which we were
successful. Notw ithsta nding the fact that it is
diff i cult to get an injunction, we got an
injunction, permanent injunction, prior to the
election and the referendum was stricken from the
ba ll ot and peop le never voted.
I am saying t hat was a unique situation.
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That's where a council paid us significant
attorney 's fees to keep something off because
they felt that it violated their own charter.
So we do have experience doing just this
issue, but it 's a lot.
COUNCILWOMAN ROSENFIELD: How much do you
think?
MR . SEROTA: I am getting there. I want to
tell you, because just to give you a number,
you're saying where does that come from . You
know we charge you a drastically reduced hourly
rate here , basically half of what I normally
charge.
I am saying I think that the bill, depending
on how much discovery , will be between 50 and
$100,000. I know that 's a large range , but , the
question is, if we have to take a series of
deposit ion s to prove irreparable harm, it will be
towards the 100 ,000 level.
If we were to take a legal position that
based upon what they say as a matter of law it's
not irreparab le harm and we're not going to get
into the facts, then it could be different .
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As Richard points out , this is a trial. This
is a t ri al done on an expedited basis.
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everything that you do when you prepare for a
trial will be done, but it will be done on an
expedited basis .
We might have to take two or three
associates, when we could normally use one during
the co ur se of six months or a year to prepare, we
may need two or three to prepare .
So, depending on how much factual
investigation is involved , I would say it 's
between 50 and $100,000.
COUNCILWOMAN ROSENFIELD: This could all be
expedited by election day?
MR . WEISS: That 's what they are going to try
to do . If we were going to defend the case , the
f i rst step would be to keep it on the ballot .
Then there would be a whole litigation after that
in terms of , if it passed, whether it was legally
constitutional or violated the Florida Statutes .
There is several phases to this.
for a long time.
It could go on
COUNCILWOMAN ROSENFIELD: If we agreed today ,
when would this start?
make.
MR . SEROTA : Tomorrow morning . Seriously .
COUNCILMAN SANZ : In whatever decision we
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MR. SEROTA: We have a status conference
Thursday morning . We would have to be prepared
for that status conference, which wou ld be first
thing tomorrow morning or tonight when I go home
and send an e-mail to an associate as to what
they should begin researching to prepare us for
the status conference Thursday morning.
MAYOR ROTH : There is many plots , as you
indicated . Could we just defend the portion of
the injunction that the referendum should be put
on the ballot, that people have the right to free
speech?
MR. WEISS: We can take this a piece at a
time. In other words , if we're able to keep it
on the ballot, then the people vote . If the
people vote i t down , it 's over. You're done.
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If the people vote it up , then i t would be up
to the shops as to whether they want to pursue
their lawsuit that it 's illegal.
it.
They could drop
Also, you could at any point , you know , we
can turn this off . We could just say we 're done.
MA YOR ROTH : So i t would cost a lot less if
we were to win --
MR . WEISS : The problem is, the reason it 's
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become so expensive is because of the fact that
normally we can have one associate learn about
the case the problem is, when things are done
on an expedit ed basis, there is overlap and you
can't avoid it because so much work has to be
done so quickly. There is a hearing Thursday
morning. That's what happens.
MAYOR ROTH: We can defend just the
injunction.
MR . WEISS: We could have an executive
session anytime you asked for it. After the
election you could say the thing passed, that's
great, you know, or it didn't pass .
COUNCILMAN SANZ: I have a question. If we
take the neutral position, I mean we just step
back and let them go at it
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MR . WEISS: We file something very respectful
with the court that says that we respect the fact
that we have two citizens of the Village that
have disagreement over this . The Village takes
no position and we will abide by the court's
order.
It's somewhat unusual, but that 's what we
would do. It would cost very, very little .
MR. SEROTA : Let me clarify one thing.
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Richard pointed out we can take it step by step,
not exactly like that.
In order for them to get an injunc tion , they
have to show irreparable harm
MR. WEISS: What I was saying was the piece
up to the election is one piece . After the
election they could make another decision .
MR. SEROTA: Right , but the point is ,
Richard , they have got to show l ikelihood of
success on the merits of the case. That's a
legal ter m.
In order for them to get an injunction, they
have got to prove that they 'r e right . So even
though it will be a temporary injunction to keep
it off the ballot , they've got to at least prove
to the judge that they will likely win . So if we
are defending and we want to keep it off the
ballot --
MR . WEISS: Keep it on the ballot .
MR. SEROTA : Keep it on the ballot, if you
were to say just defend on the irreparable harm,
theoretically we could do that.
In other words , if the goal is to keep it on
the ballot, we would have to defend on each
element. One of the elements , which is a very
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important element , which in my initial review of
this is not quite so simple, and that is would
they win.
improper.
improper .
In other words, is this referendum
Forgetting the legal niceties, is it
Does it violate the state law.
MR . WEISS: Which is really the guts. In
order to defend the portion --there is a bunch
of elements for an injunction. The one Joe is
talking about, likely to succeed on the merits,
they 're going to say we're right on the law,
blah, blah, blah.
The way to defend that on our part, if we're
going to defend it, is to show that they're wrong
about the law. That 's the substance of the case .
So it 's not just a bunch of procedural stuff.
There is real substance .
We would have to show that they would not
likely win . And, therefore, we would have to
show t hat this is legal.
COUNCILWOMAN ROSENFIELD:
the way and defending.
That's going all
MR . SEROTA: What I am saying is I don 't
think you can slice and dice it that way. You
can do it as Richard says; we can take it up to
the election and then decide what happens
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afterward .
But , to take it up to the election, it would
be our recommendation that if your goal is to
keep it on the ballot, we have got to defend each
and every element . We should not pick and choose
and give up probably what is the most substantive
element. That will take time and effort .
CO UNCILMAN SANZ : That means we get very much
involved with the who l e thing .
MR . WEISS: Yes. If we defend this case ,
basically we 're go i ng to be part of the case .
COUNCI L WOMAN ROSENFIELD : What else should I
know?
MAYOR ROTH : And the coalition doesn 't want
any part
MR . WEISS: I don't want to represent that .
I haven't heard that . I don't know ho w the
coalition operates . I have sort of stayed away
from them, frankly .
But, the impression I am gett ing from two
d i fferent sources is that they are not expecting
to burden the major role in this case.
no t expecting to
They 're
MR. SEROTA: Again, I am totally objective
because I don 't know the players --I mean I know
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Tucker Gibbs , but I haven 't spoken to him. But
it is also a situation which is they want the
Village to pay for it . If the Village were to
say we 're taking a neutral position, you force
their hand. They may say we don't care how much
you force our hand, we 're not coming up with the
money .
We're just giving you all the information we
have. We're not drawing any conclusions.
MR. WEISS: If we decide to take a neutral
pos i tion , if I was from the outside and I was
criticizing that position, I would say , listen ,
the citizens have the r i ght to put something on
the ballot and the right thing to do is for the
V i llage to defend the people 's right to vote on
something . And by not defending th i s l awsuit ,
you did not defend our right to vote on
something. So somebody might criticize .
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Obviously if you defaulted on th i s, you're i n
the same position .
On the other hand , Mr . Whitman, the Bal
Harbour Shops , are , quo t e , citizens of the
Vi l lage and they could say , you k now , why should
you be taking --this is a Hatfields and McCoys
thing . You have some , quote , citizens of the
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Village who feel like this thing is a good thing .
Other people think this is a bad thing . Why
should the Village be sticking their nose into
the middle of it.
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Politically you 're much better at this than I
am , but there is booby-traps all over the place
on this .
MR. SERO TA : I was telling you that our
experience with Islamorada is Islamorada took the
position where they affirmatively sought to take
it off the ballot, in other words, take it away
from the citizens.
MR. WEISS: By the way, that's another
position. You 're right, Joe. We could take the
position that we agree with the Bal Harbour Shops
and we think it should be taken off the ballot.
I think politically that's tough.
MAYOR ROTH : Suicide .
COUNCILWOMAN ROSE N FI E LD : If you be l ieve in
initiative and referendum and recall as part of
the political process
MR . WE I SS: This is the social studies
teacher ta l king.
COUNCILWOMAN ROSENFIELD : Indeed it is . If
we believe in that , it 's almost l i ke we 're l ocked
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into t h e position.
MR . SEROTA: Again, we're totally neutral on
this. I don't want anything that I say to be
construed one way or the other.
But, their allegation is that this is, in a
sense, unconstitutional because it takes away
your right to be able to determine what kind of
b u ilding takes place here. It takes away your
right to grant or deny a variance.
So there is an argument , a mom and apple pie
argument, in favor --let 's say in opposition to
the referendum , which says that the citizens
elected us to use our discretion to make
decisions . And that we have the right under
Florida law, land use law, to decide how
development takes place .
This referendum, again , that's what they're
alleging here. I'm not making this up.
merely giving you their argument, not my
argument.
I am
Their argument is that this referendum takes
away the constitutional right that you as a
council have to make these decisions. As I'm
saying, there is a mom and apple pie argument
that is that this is unconstitutional, that this
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is not what the state law permits .
MR. WEISS: You can make a good argument any
way you feel . You can make a good argument
either way on this as to what you shou ld do.
MAYOR ROTH: I would like to hear what Howard
says. He 's an attorney.
MR . WEISS: He 's a high -powered attorney .
MAYOR ROTH: I don't know if this is his
forte.
MR . WEISS: Be lieve me, he is very
high-powered.
MAYOR ROTH: What is your thought , Howard?
ASSISTANT MAYOR BERLIN : My opinion is that
we should defend the lawsuit.
MAYOR ROTH: I was thinking in that vein ,
could we defend it up until the election and then
back away?
MR . WEISS: If you don 't have to make a
decision, I don't think you should . All you need
to decide now is are we going to defend this to
the point to get it onto the ba ll ot .
only decision you need to make .
That 's the
After the election, if it passes, you can
decide whether you want to continue defending it
or, if it fails, it 's all gone .
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At this moment you need to basica ll y g i ve us
direction that we want to try to keep this thing
on the ballot , do everything you can to try to
keep i t on the ballot .
That's the decision for tonight .
MR. SEROTA : Just so you understand , if your
vote is for us to do t hat , we will defend not
just, let 's say , the right of the citizens to
vote on it , we will defend the referend u m itself,
because that is a significant part o f what
they're alleging, that we will defend the
referendum itself and say that it is
constitutional , that it doesn't vio l ate state
law.
MR . WEISS : We 're basically defending
Tucker's work .
I think the point that Joe is making , which I
thin k is a very good one, it 's very difficult ,
after we defend the constitutionality of this
before the election , it's very difficult after
the election if it passes for us to take an
opposite position .
COUNCILWOMAN ROSENFIELD : You are defending
the constitutionality of the right of petition
and referendum .
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MR . WEISS: No, I 'm no t sure that you
understand. I think this is an important part.
There are four or five elements that are
necessary for the plaintiffs to prove in order to
get an injunction.
One of the elements that they must prove is
tha t they are likely to succeed on the merits of
their case, which is it is likely that the court
will rule that it's unconstitutional .
In defending that particular element of the
injunctio n scenario, we would have to prove that
i t is unlikely that they will succeed on the
meri t s because it's constitutional.
So, as part of defending the injunction, one
o f the elements that we will have to be dealing
w i th head on is is this constitutional or is it
nonconstitutional. And once we take tha t
position, which is going to have to be if we
defen d it, if we fo l low what Howard is
suggesting, that it is constitutional and
therefore it is unlikely that they will succeed
on th e merits and therefore should be left on the
bal l ot, it's very difficult for us to take an
opposite position if the thing is approved.
difficult.
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MR . SEROTA: Let me just state, it is
theoretically possib l e for you to tell us , defend
the irreparable harm , get it on the ballot , but
remain neutral on whether it 's constitutiona l or
not. It is theoretically possible to take that
position.
What we 're saying i s , if your goal is to get
i t on the ballot by taking that position and
remain ing neutral or not defending the
r eferendum , you are taking a s i gn ifi cant arrow
out of our quiver.
You can do it , but I think --again , we 're
not here to give you political advice --but that
is kind of being half pregnant here . We're
saying we want you to defend the citizens '
rights , but do it only on A and Band don't
defend the referendum.
MR . WEISS: Joe is right. They've got to
prove four or five things in order to get an
injunction. If we basically don't defend on one
of those things, it sort of gives them a gimme on
that item , which is a significant arrow that we
have .
MR. SEROTA : Plus , what the judge will l ook
at --I have done a lot of injunction trials
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what the judge wi ll look at on a temporary
i n junction is what is going to happen. Are they
going to win; do they have a case. That 's really
in my experience what is going to happen.
judge is going to say do they have a case.
The
If the judge is convinced they have a case,
sometimes the judge will find irreparable harm
where i t might be more difficult to find , because
he feels this is a bad referendum and , because
i t 's a bad refe r endum, I, the judge, don 't have
any qualms about taking it away from the people.
Or the opposite. He will say , you know what,
I don't see a problem wit h it, so I am just going
to let the citizens vote.
That's what we 're saying, the substantive
issue here, i n my experience, is the primary
issue. That's really the key.
Because this is now the second week in
September and this needs to be determined, this
all wi ll be tried . In other words, this is a
case that in my opinion the judge could very well
say forget temporary injunction; I am going to
give you in three weeks a permanent trial date.
F orget the temporary. I 'm going to cut right
through i t and give you a permanent trial date.
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We 're going to resolve this entire case before
the election. I think it 's likely that that is
what the j udge wil l do.
Instead of deal i ng with the temporary thing,
he will go right to it . It 's a compressed time ,
but it's not li k e two weeks . If they filed it
the las t week in October would be one thing.
But, by filing it now , the judge has two months
and that's what I think is going to happen .
ASSISTANT MAYOR BERLIN: Can I ask a
substantive question?
I have a concern about the referendum and I
wanted to ask you about it and figure out what we
could do and understand how it interplays with
the suggested process , particular ly if we're
going to defend it .
Putting aside the height issue , the
referendum , as I see it, deals with two very
discreet things. It deals with height and it
also gratuitously I don't know why it was
thought to put it in, but I didn't draft it --
deals with the definition of what is a story and
defines it as 11 feet.
When I first saw that , it was the reason I,
for one, and we never talked about it as a
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council, so I don't know what everyone else 's
reason was for agreeing to take up Mr. Whitman 's
proposed ordinance this month , but for me , when I
looked at his proposed ordinance , it jumped off
the page --not that I was in agreement with
it --but it jumped off the page that here is a
proper t y owner who has a property with 18 -foot
stories and, God forbid we had a hurricane , if
this referendum passes as currently drafted ,
forget about his ho t el , forget abo u t expansion ,
he wouldn't be able to rebuild the mall in its
c ur rent configuration because he would be capped
at 11 feet . I think that , f r ankly , i s a
ridiculous result .
Similar ly , I thought about all the
res i den t ial homeowners who have been building in
what seems to be the new style of bui l d i ng where
they have stories that are more than 11 feet .
Wal k into almost any of the new homes and they
have more than 11 feet .
I haven 't heard anyone i n the residential
section who is interested in increasing the
height , but clearly if there was a storm , the y
wouldn 't be able to rebui l d t h eir homes the way
th ey're c u rrently built. I think that is a
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gross l y unfa i r result.
Again, I wasn 't involved in the drafting of
this thing. I don 't know what the intent i on of
the drafters were. But it seems to me unbearably
and un r easonably harsh to impose that on ,
frankly, innocent people, forgetting about
whether Mr . Whitman wants to build a hotel or
not.
And I am not embracing that idea . I 'm say i ng
tha t I don't know if it's fair to say to Mr .
Whitman that if your mall was damaged in a fire
or hurricane you couldn 't even rebuild it to its
cu r rent configuration .
T o my way of thinking , we need to do
something about that .
I have asked Richard whether or not we have
the ability to make , for example , a friend l y
amendment to the referendum to deal with th i s
issue and I have been advised that we can 't . We
can 't touch the refe r endum. It goes to the
public the way it 's been drafted .
Of course one of the potential harms that
could occur is that , if it was passed by the
public in its cur r ent form , if the understanding
that I 've suggested is the correct interpretation
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of the current municipal code, then it's rea l ly
harsh .
result .
It has a potential harsh unintended
I don 't know that they had the single-famil y
homeowners in mind to put this kind of punitive
result in place when they drafted this.
COUNCILWOMAN ROSENFIELD: But it would be the
same for the Mayor's building and my building .
ASSISTANT MAYOR BERLIN : Any building on the
ocean you couldn 't rebuild it to the same thing.
I think that is an unintended resu l t or ought
to be .
So my opinion is that , while we 're defending
this thing, I think we as a council need to get
to work on that issue . Because , if we 're
success f ul in our defense, if we instruct the
lawyers to defend, hopefully they will be , and we
don't have a solution in place before the
e l ec ti on occurs , the way the referendum reads, we
will be stuck with this 11 feet all over the
city .
MR . WEISS : I don't want to get too far away
from the l itigation .
ASSISTANT MAYOR BERLIN : I just want to make
a suggestion .
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COUNCILWOMAN ROSENFIELD : I have ta lked with
the people on the coalition . My question is :
Could they withdraw the referendum at this point?
MR . WEISS : No.
COUNCILWO MAN ROSENFIELD : This is a done
d e a l .
MR. SEROTA : What they could do is t h ey could
decide not to defend this particular action , as
we could .
ASSISTANT MAYOR BERLIN: Who is t hey?
MR. SEROTA: Coalition .
ASSISTANT MAYOR BERLIN : Presuming we vote to
defend , it doesn 't matter.
MR. SEROTA: If their position that they
would communicate to the council is we have a
concern about the language , we don 't have a
problem with you not defending.
ASSISTANT MAYOR BERLIN: Doesn 't that mean
the plaint i ff has to agree? How do we know the
p l aintiff is going to agree?
MR. WEISS: No , I think what Joe is saying is
that if i t is possible tha t --it is possible, I
don't think likely , but possible, that when the
analysis, a simp l e analysis i n the single-family
residential districts of t he impact of this
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petition is presented to the coalition, which is
that the current limit is 30 feet , two stories
and 30 feet , but there is no definition of the
word s t ory , so that then you 're going to an
11 -foot story so that the 30 feet would come down
to 22 feet . I don 't t hink that they understand
that that is the impact of the referendum .
What Joe is suggesting is that perhaps --and
he hasn 't dealt with this group at all --but I
have found them to be --they at least l i sten . I
don't know . But it 's possible that when they
understand t hat that 's the impact of what they've
proposed , they might agree to have this thing
withdrawn from the ballot .
I don 't think that they want to hurt --
ASSISTANT MAYOR BERLIN : Let me say this, to
finish my thought. I was going to recommend that
in conjunction with authorizing a law firm to
defend the lawsuit , which I think is the righ t
thing to do , that we need to instruct the law
firm to immediately e n gage in a dialogue to find
out whether or not either this group of
individuals and/or the plaintiff would agree to
some kind of fix that would s o lve t his s t ory
problem, which needs to get fixed one way or
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a nother before the election, to find out whether
t hat co uld be done immediately.
If not, I would ask that we direct the
Village a t torneys to work with the staff to come
back to us with a proposed fix that we could
consider enacting before the election to protect
the public .
I think notwithstanding the accusations that
have been leveled at the council , which I find
whatever they are not remotely truthful, but, the
point is, I am not going to let that sidetrack us
from our responsibility to in fact protect the
publ i c, particularly from what I believe to be an
unintended harsh consequence.
MR. WEISS: Part of our litigation strategy
would be to fight the thing. And then, in
addition to that, get an ordinance i n place that
perhaps just takes care of problems that
everybody wou l d agree to be a problem. It would
sort of be part of our strategy with respect to
the litigation and see how people react to that.
ASS IS TANT MAYOR BERLIN: One last point.
Sorry for belaboring this .
My last comment on this regard, having had
the opportunity to review again Mr. Whitman 's
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proposed ordinance , that doesn't remotely solve
t he problem . It begins to address it in part,
but it certainly doesn 't address any of the
in divi dual homeowner 's problems. It doesn't
address the condominium 's problems .
My recommendation , since we asked the Village
attorneys to study this and put it on the agenda ,
my recommendation would be to direct them not to
bring this --
MR . WEISS: I really think that that
direction , which is real l y separate from the
litigation, should go --at the end of this
meeting , this meeting opens back up to a public
meeting . I think if you 'r e going to ask us to do
something , that that should be done as part of
the public meeting as opposed to executive
session .
MR . SEROTA : Howard 's point about the story
is a very significant part o f their claim. Under
the i ssue of impact of the charter amendment on
the Bal Harbour Shops , the very first point they
make is about the 18 -foot stories and the
hurricane and what would happen to them .
the very first point they raise.
It's
So it 's going to be --a big part of our
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defense is going to be to have to d efend that 11
stories.
MR . WEISS: If you asked us to prepare an
opinion dealing wi th the impact of the referendum
on the Village and also the ordinance, the
Whitman ordinance , on the referendum, those are
both in process and we 're going to have them for
you on the 19th .
Let's get back
COUNCILWOMAN ROSENFIELD: I have a question.
Assuming we agree to defend this and the
coalition understands that this 11 story this
11-foot story is the biggest problem , could the
coalition then direct us to just lay low?
MR. WEISS : I think the right thing to do ,
honestly, I think that two things could happen.
Number one is that we basically could
assuming that the coalition realizes --by the
way, this happened once already where something
was drafted that was not good. They agreed to
take it off because it was a big mistake and he
realized it was a big mistake, Tucker did.
A couple of t hings could happen. Number one ,
the coalition we could get together with the
coalition and tell everybody in the Village to
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vote against the thing , because everybody thinks
i t's a bad idea . Tell all the voters to vote
against it. There would be a joint letter from
the Village, shops, telling everybody .
T he other thing they could agree do is they
could agree that the right thing for us to do is
to a llo w the judge to remove it and we could file
something which basically says we agree w i th the
Bal Harbour Shops that this is unconstitutional
and shou l d be removed from the ballot and they
could do that , too .
40
I don't know how cooperat i ve they're going to
be.
MAYOR ROTH: If you explain it to them, he
would have to agree .
COUNCILWOMAN ROSENFIELD: The people I talked
with seemed to think that it was a very bad idea
for t he 11 story and they 'r e on the committee .
So I can 't believe that they 're not aware
MR . WEISS : I feel a lot more comfortable
orchestrating a removal from the ballot than
relying upon the voters , who may or may not pay
attention to anything they get in the mail , to
vote against the thing .
I think it's a safer way to resolve the
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litigation and the issue.
COUNCILWOMAN ROSENFIELD: Where does that
step come in, asking to remove it from the
ballot?
MR. WEISS : The only person that can remove
this from the ballot now is the judge .
Basically what we would do is, if the
coalition agreed, bas ically our position coming
out of here would be listen, coalition , we want
to let you know that, while some of the members
of the council do not think that this petition is
a good id ea for a bunch of reasons I will explain
later, they have authorized us to defend its
r ig ht to be on the ballot.
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Having said that , we want to go over with you
some of the impact that we think this petition
has and ask if that 's really what you intended
and whether you really think that this is a good
idea for the Village .
You , Mr . X , who live in a 30-foot home in the
Village and it gets knocked down or whatever
happens to it and you could only rebuild to 22
feet, is that what you wanted? We will see where
it goes from there.
COUNCILMAN SANZ : That's what my question has
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been for awhile.
What happens if you say 11 feet, no, that's
the way we want it? We are defending that.
MR . WEISS : Yes, we are. If they say, no,
that's what we want, t hen you have decided to
defend it and you're going to go out and you're
going to either pass an ordinance before this
thing gets enacted the style of Mr. Whitman's,
but no t the substance of Mr. Whitman's; in other
words, basically getting some regulations in
place.
42
What the petition says is that the definition
of stories is 11 feet unless otherwise provided.
So what we would do is provide something in place
before the referendum passed.
MAYOR ROTH: So you have two meetings to pass
an ordinance --
MR. WEISS: You do that and/or you go out and
advocate the heck out of defeating this thing.
MAYOR ROTH: I think that is very risky. I
don't think that will work .
COUNCILWOMAN ROSENFIELD: We have two
meet in gs to pass this ordinance.
MR . WEISS: We don't have to do it --the law
says approximately ten days .
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The fact that your meetings are monthly is
only because that 's the way it 's set up in the
code. There is nothing to prevent you from
scheduling special meetings . And you of course
did for the famous St. Regis project.
COUNCILWOMAN ROSENFIELD : Next question is
who is going to talk to the coalition?
MR . WEISS: I will . I will talk to them .
MAYOR ROTH: You talk to the attorney and I
think they're reasonable people . They would
understand that some of the things were done in
haste .
MR. WEISS: We don 't need to guess as to how
they 'r e going to react.
react reasonably to this.
I am hoping they would
COUNCILWOMAN ROSENFIELD: They are having a
big meeting Thursday night .
MR . WEISS: They are .
COUNCI L WOMAN ROSENFIELD : Would you talk
before then?
43
MR. WEISS: My intention was, because I think
it 's courteous, to call Mr . Whitman 's attorneys
and t ell them the Village has decided to defend
this thing and I would also call Tucker or Dina.
Is she president of the coa l ition?
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MAYOR ROTH: She is vice president.
MR. WEISS: Mickey is president?
MAYOR ROTH: Yes.
44
MR . WEISS: I would call Tucker and see wha t
they say . He's going to have to decide. I am
not goi ng to convince that coalition of anything .
All I can do is present to them the ru le of
unintended consequences with respect to this
petition.
He has been quite reasonable when we've
pointed out stuff to him. The problem is , it
makes him look terrible again.
Remember , we already once made him look
terrible; although, I did it very nicely.
Remember, we removed the thing from the ballot
because a brand new case came out and showed what
David Wolpin and I thought was correct was
correct.
This is going to make him look bad again .
But he is going to have to deal with that.
MAYOR ROTH: I think that 's the way to go.
MR. WEISS: If you 're going to authorize us
to do it
ASSISTANT MAYOR BERLIN: There is the issue
of engagement.
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MR. WEISS : I had a letter drafted to you .
wanted to let you know that the executive
committee of our firm, we're doing some corporate
work. One of Howard's partners, Elliot Abbott,
is very good at that. So I wanted to let you
know, disclose to you that our firm , the
executive committee of our firm, is using Elliot
to do some drafting for us.
that .
I wanted to disclose
ASSISTANT MAYOR BERLIN: They have retained
my law firm . In part i cular, they have retained
Mr. Abbott , one of my partners, to do this work
for them .
The reason I asked Richard to make that
disclosure is because one of the steps that needs
to be taken by the council is to formally engage
either this firm or another firm to represent the
city in this matter.
And to the extent that either the Village
attorneys or anyone thinks that there is a
conflict in me participating in that discussion ,
I will absolutely recuse myself from the room for
the purposes of that discussion .
it .
There is no reason I need to participate in
And I don't want there ever to be a
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sugges t ion that because my law firm is
representing the executive members of his firm
that I had any problem or there was any issue
rega rding a conflict of interest.
MR. WEISS: I feel all you need to do is
you're going to direct the Village attorney to
defend this case. We know what happens in these
circumstances .
I think for the purposes of this, you don't
really vote in here, but for purposes of this
direction, you l eave.
ASSISTANT MAYOR BERLIN: I prefer to leave
t h e r oom .
Let the record reflect that I am leaving the
room .
(Assistant Mayor Berlin exited the room.)
46
MR. WEISS : So the three of you are directing
us --we don't vote here --
MAYOR ROTH: We don't need a motion or
anything?
MR . WEISS: As Joe would say , you 'r e down
wi th th is . That's the new word. If you agree ,
I 'm down with it. Isn't tha t the word?
MR. SEROTA: That 's it.
MR. WEISS : The other one is I'm wiggy with
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it .
(Assistant Mayor Berlin re-entered the room .)
MR . WEISS : Mr . Mayor , if you could please go
back to the script .
Al so , t hese things , I want them back . There
is some analysis that Mike Miller did for me . I
haven't had a chance to review them . If you guys
have them, send them back. Once I do my --I
don't want them hanging around. They're
attorney-client privilege stuff and you guys are
better off without the m.
I am going to give you an opinion. I want to
look at what Mike said and make sure I agree with
it before it gets around .
MAYOR ROTH: The conclusion of
attorney-client session. I will now reopen the
pub l ic hearing. The attorney-client session has
now been terminated and members of the general
pub li c are now invited to return to any further
p roceedings or matters.
(Hearing was concluded at 6 :2 2 p.m.)
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REPORTER'S CERTIFICATE
STATE OF F LORIDA
CO UNTY OF BROWARD
48
I , Teresa F . Durando, Registered
Profess i onal Reporter and Notary Public in and for the
State of F l or i da at l arge, hereby certify that I was
author i ze d to and did stenographically report the
foregoing proceedings, and that the transcript is a
true a n d complete record of my stenographic notes
thereof.
I FURTHER CERTIFY that I am neither an
a t torney , nor counsel for the parties to this cause,
nor a re l a t ive or employee of any attorney or party
connecte d wi t h this litigation , nor am I financially
interested in the outcome of this action.
Da t ed this ~0--f'\__ day of 5-y~
\
2006 , F ort Lauderdale, Broward County, Florida .
a ~.D~AN ~P~
Registered Professional Reporter
TAYLOR REESE AND ASSOC I ATES , INC.
(305) 444-7331
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$
$100,000 -16:16 ,
17:10
'
'99 -5:17
0
06/17444 -3:19
1
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11 · 31:23, 32:13,
32:18, 32:20, 34 :20,
39:1 , 39:12, 40:18,
42:2, 42:13
11-foot-36:5,
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30-foot -41 :20
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6:22 -47:21
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A
Abbott• 45:4,
45:12
abide• 19:2 1
ability -33:17
able -18:14, 25:7,
32:11, 32:24
absent • 3: 12
absolutely -9:7,
45:22
abundantly -6:18
accordance -
3:15
accusations -
37:8
action -35:8,
48:15
addition-37:17
address• 38:2,
38:3 38:5
administers -attorney's -16:2 booby -24:6
13:24 attorney-client -booby-traps -
adopt-12:11 3 :14, 47:10, 47:16, 24:6
advice -6:12, 47:17 brand -44:16
29 :13 Attorney-client-bring -38:9
advised -5 :3, 8:9, 1:7 broad -7:20
33:19 attorner · 13:6, Broward-48:3,
advising -6:21 , 37:4, 38: • 43:22, 48:17
6:23 45:20 brush -7 :20
advocate -42:19 authorize -44:22 build -33:7
Affairs-13:24 authorized -building -25:8,
affirmatively -4 1:13, 48:7 32:16, 32:17, 34:8,
6:17, 24:10 authorizing -34:9
agenda -38:7 36 :18 built -32:25
agressive -avold-19:5 bumping -5:24
15:1 aware -4 :21, bunch -21:7,
ago -4:24, 5:18 5:12, 5:22, 6:2, 21:15, 41:12
agree• 24:15, 6:14, 7:19, 40:19 burden • 22:22
35:19, 35:20, 36:13, awhile-42:1 buy-14:10
36:23, 37:19, 39:11,
40:5, 40:6, 40:8, B C 40:15, 46:22, 47:13
agreed -12:12, background -Ca-3:19
17:21, 39:20, 41:8 7:13 capped -32:12
agreeing • 32:2 bad -24:2, 30:9, care -23:5, 37:18
agreement -32 :5 30:10, 40 :2, 40:17, case - 3:19, 7:14,
Al-7:17 44 :19 11:19, 15:8, 17:14,
Alfred-2 :7, 4:1 Bal-1:6, 1:15, 19:3, 20:10, 21:14,
allegation -25:5 3:16, 3:17, 5 :1, 22:10, 22:11, 22:22.
allegations -14:3 7 :20, 14:11, 14:16, 28:8, 30:3, 30:5,
alleging -25:18, 23 :21, 24:15, 38 :21 , 30:6, 30:21, 31:1,
27:11 40:9 44:16, 46:7
allow-40:7 ball-14:24 cases-8:11,
almost -24:25, ballot -7:22, 7:25, 9:20, 13:7, 13:10
32:19 8:8, 8:24, 9:10, certainly • 6:6,
amendment-10:2 , 15:1, 15:4, 11:20, 38 :3
33:18, 38:20 15:24, 17:15, 18:11 , Certificate-48: 1
amount• 14:14 18:15, 20:15, 20:18, certified -4:3
analysis -35:24, 20:19, 20:20, 20:24, certlt • 48:6
47:6 22:4, 23 :14, 24:11, Certi • 48: 11
anytime-19:11 24:16, 26:21, 27:3, chance -47:7
appeal -15:7 27:4, 28 :23, 29:3, change -11:14,
Appearances-29:8, 36 :14, 40:10, 12:20
2:1 40:21, 4 1:4, 41:6, charge -16:11,
apple -25:10, 41:14 , 44:15 16:13
25:24 Bar-5:25 charter -16:3,
approved -7:22, based -16:21 38:20
28 :24 basis -16:25, choice • 8:23
area -13:8 17:3, 19:4 choose -22:5
areas -7:16 Bass-13:5 Circuit-3 : 18
argument -10:7, become-4:16, circumstances -
25:10, 25:11, 25:19, 19:1 46:8
25:20, 25:21, 25:24, begin -18:6 citizens• 19:19,
26:2, 26:3 begins -38:2 23:13, 23 :22, 23:25,
arrow-29:10, belaboring • 24 :12, 25:12, 27 :8,
29:22 37:23 30:14
aside• 31:17 Berlin -2:3, 3:6, citizens'• 29:15
asserted -5:21 3:7. 3:23, 4:20, City-3:24, 3:25
Assistant-3 :6, 4:25, 5:10, 5 :18, city -34:21, 45:18
3:7, 5:10, 5:18, 6:16, 6 :21, 7:1, claim -38:19
6:16, 6:2 1, 7:1 , 26:13, 31:10, 34:9, clarify -19:25
26:13, 31 :10, 34:9, 34 :24, 35:10, 35:12, clear -6:18, 8:7
34:24, 35:10, 35:12, 35 :18, 36:16, 37:22, clearly -32:23
35:18 , 36 :1 6, 37:22, 44:24, 45:10, 46:12, client -1:7, 3:14 ,
44:24, 45:10, 46:12, 46:16, 47:2 47:10, 47:16, 47:17
46:16, 47:2 best -11 :15 Club-5:1
assisting-13:14 better -24:5, club -5:16
associate -18:5, 47:11 coalition -10:9,
19:2 between -10:8, 10:19, 10:25, 11:4,
associates -17:5 16:15, 17:1 0 11:12, 11:17 , 22:14,
Assuming-39: 11 beyond -15:2 22:18, 35:2, 36:1,
assuming -39:18 big -38:25, 39:21, 39:12, 39:14, 39:18,
attendance -3:21 39:22, 43:17 39:24, 39 :25, 41 :8,
attention -40:23 biggest -39 :13 41 :9, 43 :7 , 43:25,
Attorney-1:7, bill -16:14 44:6
2:8, 3:24 bit-7:13, 13:4 Coalition-35:11
attorney• 3:14, blah-21:11 code -34:1, 43:3
26:6, 26:7, 43:9, blessed -4:10 Cole-2:10
46:6, 47 :10, 47:16, body-10:15 comfortable •
47:17 AIM? 48 :13 Boniske-2:10 40 :20
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coming -7:15,
23:6, 41:8
comment -5:21,
37:24
committee-
40:18, 45:3, 45:7
communicate -
35:15
community -
5:24, 12:7
Community-
13:24
complaint -7:18,
11:2
complete -48:9
compressed -
31:5
conceivable -
9:16
concem -31:12,
35:16
concerns • 8: 10,
8:13
concluded-
47 :21
conclusion • 4:3,
4 :15, 47:15
conclusions -
23:9
condominium's -
38:5
conference -
13:18, 13:19, 18:1,
18:3, 18:7
confi~uratlon -
32:12, 3:13
confinn -11 :7
conflict• 4:20,
5:21, 5:22, 6:4, 6 :6,
6:15, 6:20, 6:24,
45:21, 46:4
conjunction -
36:18
connected-
48:14
consequence -
37:14
consequences •
44:8
consider -37:6
constitutional -
17:18, 25:22, 27:13,
28:13, 28:16, 28:20,
29:4
constitutionality
-27:19, 27:24
construed • 25:4
continue -26:24
continuin~ -5:3
conversa on •
10:23, 11:10
convince -44:6
convinced -9:18,
30:6
cooperative •
40 :12
copies -7:17
corporate • 45:3
correct. 12:21,
33:25, 44:17, 44:18
cost-12:17, 13:2,
18:23, 19:24
council-16:1,
25:23, 32:1, 34:14,
35:15, 37 :9, 41:11,
45:16
Council-2 :2.
3:22, 15:16
Councilman-
3:10. 3 :11 3:12
4:20, 17:24, 19:14,
22:8, 41 :25
Councilwoman -
3:8, 3:9, 12:2, 16:6,
17:11, 17:21, 21:20,
22:12, 24:19, 24:24,
27 :23, 34:7, 35:1,
35:5, 39:10, 40:16,
41 :2, 42:22, 43:6,
43:16, 43:19
counsel -15:13 ,
48:12
Counsel• 3 :24
County-3 :1 8,
48:3, 48:17
couple. 4 : 13,
39 :23
course -17:6,
33 :22 , 43:4
court. 4:3, 10:11 ,
10:13, 19:18, 28:8
court's • 19:21
courteous • 11: 1,
43:22
covered• 7 :5
create-6 :8
criticize • 23 : 18
criticizing -23: 12
current -32: 12,
33:13, 33:24, 34 :1,
36:2
cut -8: 15, 30:24
D
dade -3 :18
damaged -33 :11
date -30:23,
30:25
Dated -48:16
David -44: 17
days-42:25
deal -8:2 1, 33:18,
35:6, 44:20
dealing-28:15,
31:4, 39:4
deals• 31:18,
31 :19, 31 :22
dealt-36:9
decide -21 :25,
23 :10, 25:15, 26:20,
26:24, 35:8, 44:5
decided-42:5,
43:23
decides -10:13
decision -17:24,
20:7, 26:19, 26:22,
27:5
decisions -25:14,
25:2 3
default -9:8,
9 :13, 9:21
defaulted -23: 19
defeating • 42: 19
defend • 8 :22 ,
9:1, 9:2, 9 :11 , 9:20,
10:19, 11:5, 11:25,
12:3, 12:23, 17:14,
18:9. 19:8 , 20:21,
20:24, 21:7, 21:12 ,
21:13, 22:4, 22:10,
23:15, 23 :17, 26 :1 4,
26:16, 26:20, 27 :7,
27:9, 27:11, 27:19,
28:1 9, 29:2, 29:15,
29:1 7, 29:20, 31 :16,
34:17, 35:8, 35 :13,
36:19, 39:1, 39:1 1,
41 :13, 42 :6, 43:23 ,
,ffi:7
defending• 43:1
12 :16, 20:17 , 21:21, E facts• 6:14, 16:23
23 :16, 26:24, 27:15, factual • 13:25,
27:23, 28:10, 28:14, e-mail• 18:5 17:8
29 :9, 34:13, 35:17, e-mailed • 11 :3 factually• 11 :23
42:3 effort • 22: 7 fails . 26:25
defense• 11 :13, eighth· 13:13 fair• 33:10
34:16, 39:1 either• 5 :24, familiar. 8:4
defines • 31 :23 26:4 , 36:2.2, 42 :7, family • 34:4,
defi nition • 31 :22, 45:17, 45:19 35:24
36:3, 42:12 elected• 25:13 famous • 43:5
deny - 9:19, 25 :9 election • 15:23, far • 34:22
Department• 17:12, 19:12, 20 :6, favor • 9:21, 10:7,
13:23 20:7, 21 :25, 22:2, 25:11
depositions • 26 :16 , 26 :23, 27:20, fees• 16:2
14:2, 14:17, 16:18 27 :21, 31 :2, 34:19, feet-31 :23,
details• 7:7 37 :1, 37:6 32:13, 32:18, 32:20,
determine• e lement • 20:25, 34:20, 36 :2, 36:3,
10:23, 25:7 21 :1, 22:5, 22 :7, 36:5, 36:6, 41 :23,
determined -8 :6, 28:10 42:2, 42:13
30:1 9 elements • 20 :25, felt· 16 :3
development • 21 :8, 28:3, 28:6, fight • 37: 16
25:16 28:15 figure• 31 :13
d ialogue• 36:21 Elliot• 45:4, 45:7 file-10:1 0 , 11:17,
dice• 21 :23 Ellisa -3:3 12:10, 12 :14, 19 :17,
different • 16:23, embracing • 33:9 40:7
22:21 emergency-filed· 11 :18,
difficult. 15:21 , 13:16 11 :24 , 31:6
27:18, 27:20, 28:23, employee -48:13 filing -31 :8
28 :25, 30 :8 enacted -42:8 financially -48:14
Dlna -1 0 :23, 11 :3, enacting -37:6 financing -14:12
43:24 end• 38:12 finish -36:17
direct -37:3, eniage -36:21, fire• 33:11
38:8, 39 :1 4, 46:6 45:1 flrm-13:14,
directing -46:17 engagement -36 :18, 36:21 , 45:3,
direction -10:15, 44:25 45:6, 45:7, 45:11,
27:2, 38: 11, 46:11 enter-9:8 45 :17, 46:1, 46:2
directly -6:9 entered • 9:9, first -4:9, 8:5,
disagreement -9:21 , 47:2 17:15, 18:3, 31:24,
19:20 enti re -31 :1 38 :21, 38 :24
disclose -45:6, err-8:1 1 First-4:14
45:8 Esq-2:10, 2:13 five -13:7 , 28:3,
disclosure -estimated -3 :20 29 :19
45 :15 etcetera -14:18 fix -36:24, 37:5
discovery -14:15, ethical -4:21 fixed -36:25
16:15 exactly• 14:16, Florida-1 :6, 1 :15,
discreet-31:19 20:2 1:23, 3:15, 3:19,
d iscretion -25:13 example -33:1 7 7:8, 8 :2, 17:18,
d iscuss -7:9, Executive-1:7 25:15, 48:2, 48:6,
7:10, 7 :16 executive -4 :9, 48:17
discussed -4 :4 , 7:5, 11:8, 19:10, follow -28:19
5:12, 10:4 38:16, 45:2, 45:7, following -3 :21
discussion -46:2 forbid -32:8
45:21, 45:23 exited• 46:16 force • 23:4, 23:6
districts • 35:25 expansion -forced -13:1
documents -32:10 foregoing -48:8
13:21 expecting -foremost -13:6
done -8:3, 9:1, 12:18, 22:21, 22:23 forget • 30:22,
16:25, 17:2, 18:16, expects -11 :4 32:10
18:22, 19:3, 19:6 , expedited -7 :24, Forget-30:24
29:25, 35:5, 37:2 , 16:25, 17 :3, 17:12, Forgetting-21 :4
38:15, 43:11 19:4 forgetting -33:6
doubt -15 :9 expenditures -form• 33:24
down -18:16 , 7:9 formally• 45:16
36 :5, 41:21, 46:21, expense • 13:2 Fort-48:17
46:23 expensive• 12:6, forte-26:9
draft -31 :21 19:1 forward -15:15
drafted • 32:9, experience -16:4, four -13: 10, 28:3,
33 :21, 34 :6, 39:20, 24:9, 30:4, 30:16 29 :19
45 :1 explain -40:14, Fpr-1 :23, 48:20
drafters• 33:4 41 :1 2 frankly• 22:19,
drafting• 33:2, extent• 6:3, 6:7, 32 :13, 33:6
45 :8 10:24, 45:1 9 free • 18:11
drastically -16:11 extreme -9:5 friendly -13: 11,
drawing -23:9 33:17
drop-18:19 F full-11:13
Durando -1 :22, fully· 4 :22
48:4, 48:20 fact• 5 :7, 7 :20, funct.ion -6:1
during • 17:5 8:9, 15:12, 15:20,
19:1 19:18. 37:12
future - 6 :5
TAYLOR REESE AND ASSOCIATES, INC.
(305) 444 -7331
2
G
general -47:18
generally • 7:4 ,
9:13, 15:8
Generally-15:10
Gibbs-11 :1,
11:10, 23:1
gimme • 29:21
goal • 20:23 , 22:3,
29:7
God• 32:8
Jovemment•
1 :8
grant• 9:14 , 25:9
granted-10:1,
11:19, 11:25
granting • 9:9
gratuitously •
31:20
great -19:13
Greenberg- 13:13
grossly -33:1
eroup -36:9,
3 :22
groups• 12:7
guess• 9:12,
43:13
guts • 21:6
?uys • 6 :16, 47:7,
4 :1 0
H
half· 16:12, 29:14
hand -23:5, 23:6,
23:21
hanging -4 7:9
happy-6:4
Harbour-1:6,
1:1 5, 3 :1 6 , 3:17,
5 :1, 7 :20, 14:11 ,
14:16, 23:22, 24:15 ,
38:21, 40:9
harm -16:18,
16:22, 20:4, 20:21 ,
29:3, 30:7
harmed -14:5,
14:14
harms -33:22
harsh -33 :5,
34:2, 37:14
haste-43:12
Hatfields • 23:24
head -28:16
hear-26:5
heard • 5:20,
22:17, 32:21
Hearing • 47:21
hearing -15:6,
19:6, 47:17
heck -42:19
height-31 : 17,
31 :19, 32:23
held -14:7
Heitman -2 :9
hereby -48:6
high· 26:7, 26:11
high-powered •
26:7, 26:11
himself -9: 12
home -18:4,
41:20
homeowner's •
38:4
homeowners •
32:16, 34:5
homes -32:19,
~?·?4
honestly -39:16
hopefully -34:17
hoping -43:14
Horvath-3:4, 3:6,
3:8, 3:10, 3:12
hotel -32:10, 33:7
hour-3:20
hourly -16:11
Howard-2 :3,
3:23, 4:25, 26:5,
26:12, 28 :19
Howard's -38: 18,
45:4
huge -12:18
hurricane -32 :8,
33:12, 38 :23
hurt-36:15
I
idea -15:4, 33:9,
40:2, 40:17, 41 :12,
41:19
Illegal -8 :7, 18:19
immediately -
36:21, 37:2
Impact -35:25,
36:7, 36:12, 38:20,
39:4 , 41 :16
Important -21 :1,
28:2
impose -33:5
impression -
22:20
improper-14:7,
21 :4, 21 :5
increasing •
32 :22
Indeed -24 :24
indicated -18:9
individual -38:4
individually -
7:19, 8 :17
individuals -4 :6,
36 :23
inexpensive -
12:9
information -
11 :15, 12 :21, 23:8
initial -21:1
initiate -10:6
initiative -24:20
injunction -7:23,
10:21, 12:24, 12:25,
13:17, 14:4, 14:20,
14:25, 15:21, 15:22,
18:10, 19:9, 20:3,
20:12, 20:14, 21 :8,
28:5, 28:11, 28: 14,
29:20, 29 :25, 30:2,
30:22
inj unctive -1 5:6
innocent -33:6
Instead• 31:4
instruct• 34:16,
36:20
intelligently -
7:12
intended -41 : 17
intention -33:3,
43:2 1
interest -5 :21,
6:6, 6:7, 11 :20, 46:4
interested •
32:22, 48:15
Interplays -31 :1 4
Interpretation •
33:25
intervene -11 :17,
11:18 12 :8
Investigation -25:15, 26:1, 27:1 4, 36:16, 37:22, 40:1 4,
17:9 36:18, 36:20, 42:24, 42:16, 42:20, 43:9,
invited -47:19 45:11, 46:1 44:1 , 44:3 , 44:21,
Involved -6:7, lawsuit-7 :19, 44 :2 4, 45:10, 46:12 ,
9:14, 14:17, 17:9, 8:22, 9:2, 9:3, 9 :25, 46:16, 46:19, 47:2,
22:9, 33 :2 10:1, 12:3, 15:2, 47:3, 47:15
involving -5:1 18:19, 23:16, 26:14 , Mayor's -34:8
Irrepa rable -14:9, 36:19 Mccoys -23:24
16: 18, 16:22, 20:4, lawyer -5:4, 5 :20 mean -12:2, 12:4,
20:21, 29:3, 30:7 la~ers -4 :23 , 14:21, 19:15, 22 :25,
Irreparably -14:5, 34:1 35:18
14:14 lay· 39 :14 means -14:5,
lslamorada -lead -15:12 22:8
15:13, 24:9 leaning -12:22 meetin~ -3:2,
Issue -5 :2, 5:16, learn -19:2 3:22, 38: 3, 38:14,
16:5, 30:16 , 30:17, least -20:15, 38:16, 43:17
31 :17, 33:19, 34:15, 36 :10 meetings -42:16,
38:20, 41 :1, 44 :24, leave -4:7, 6 :24 , 42:23, 43:1 , 43:4
46:3 46:1 1, 46:12 members • 3:22,
Issues • 8:5, leaving -46 :14 41 :10, 46:2, 47:18
13:22, 13:25, 14:1 left -28:22 Members -2:2
item -29:22 le~I -13:2, merely -25:19
itself -14:21. 13: , 13:25 , 16:20, merit• 9:19
27:9, 27:12 20:11 , 21 :4, 21:19 merits -20:10,
legally -17:17 21 :9, 28:7, 28 :13,
J less -18:23 28:22
letter• 40 :3, 45:1 Mia mi -3:18
Jacobi-3:12 letting• 8 :12 Miami-dade •
Jaime-2:4 , 3:23 level. 16:19 3:18
Jean-2:4, 3:23 leveled -37:9 Mickey • 44:2
Joe-7:4, 21 :8, likelihood -20:9 middle· 10:3,
24:14, 27:17, 29:18, likely -9:24, 14:12, 24:4
35:21, 36:8, 46:21 11:19, 20:16, 21:9, might· 11 :23 ,
John -4:23, 11 :7, 21:18, 28:7, 28:8, 12:14, 17:4, 23:18,
13:5 3 1:2 , 35:23 30:8, 36:13
joint -40:3 limit -36:2 Mike· 47:6 , 47:13
Joseph-3:25 listen -23:12, mikes -4:8
judge -9 :7, 9 :12, 36:10, 41:9 Miller -47:6
9: 13, 9:16, 10:20, litigation -3: 16, mind -34:5
20:16, 29:24, 30:1, 4 :4, 4:1 1, 4 :16, 7:9, mini -14:22
30:5, 30:6, 30:7, 17:16, 34 :23, 37:15, mistake -39:21,
30:1 0, 30 :21 , 31:3, 37:21, 38:12, 4 1:1, 39:22
31:8, 40:7,41:6 48:14 mom-25:10,
judgment -9:8, live• 41 :20 25:24
9:21 llp-3:16 moment -27: 1
Judicial-3:18 locked -24 :25 moner -11 :1 2,
jumped -32 :4 , look• 9:12, 9 :17, 12:19, 3 :7
32:6 11:1 1, 29:24, 30:1, monitor -11 :6,
44 :1 2 , 44:13, 44 :19, 12:4
K 47:13 month-32:3
looked -32 :4 monthly -43:1
keep -7:24, 15:4 , looking -6:9 months -17:6,
16:2, 17:15, 18:14, lose -14:24 31 :8
20:14, 20:17, 20:23, lost-5:15 morning -13:20,
22:4, 27:2, 27:4 low-39:1 4 17:23, 18:2, 18:4,
Keep-20:1 9 , 18:7, 19:7
20:20 M most• 9:20, 13:6,
key· 30:17 22:6
kind· 25:7, 29:1 4 , mall -18:5, 40:23 motion -1 1:17,
34:5, 36:24 mai led -11 :3 11 :18, 11 :24, 11 :25,
kinds -14 :13 major -22 :22 46:19
knocked -41:21 mall -32:11, motions -13:16
k n owing - 5:23 33:11 move -12:6, 12:8
Manager • 2:6 , municipal -34 :1
L 3:25 must -28:6
master -13:25
laboring -12:15 matter • 5: 11, N land • 13:8, 13:23 , 5:14, 9 :18, 16:21,
25:15 35:13, 45:18 named -4:6
langua~e -8 :10, matters -47:20 necessarily -
8:13, 35: 6 Ma!or -2 :3, 3:1, 14:23
large • 16:16, 48:6 3:4 , :5, 3:6, 3:7, necessary -28:4
largest -13:1 4 3:13, 5:10, 5:18, need -10:15,
last -3:20, 10 :17, 6:16, 6:2 1, 7:1, 7:3, 14:16, 17:7, 26:19,
31 :7, 37:22, 37:2 4 10:17, 12:22, 18:8, 26 :22, 27 :1, 33:14,
Lauderdal&-18:23, 19:8, 22:14, 34:14, 36:20, 43:13,
48:17 24:18, 26:5, 26:8, 45:24 , 46:5, 46:19
law -5:25, 8:2, 26:12, 26:13, 26:15, needs• 30 :19,
13:14, 15 :8, 16:21 , 31 :10, 34 :9 , 34:24, 36 :25 , 45:15
21:5 21:10 21 :14 35:10 35:12 35:18 neutral -10: 10
TAYLOR RE ESE AND ASSOCIATES , INC .
(305) 444-733 1
3
10:18, 19:15, 23:4,
23:10, 25:2, 29:4,
29:9
never -15:24,
31:25
new-32:17,
32:19, 44 :16, 46:22
Next-43:6
nicely -44 :14
niceties -21:4
night• 43:17
nobody-9:11
nonconstltutlona
I -28:17
nonnal -8:25
nonnally -16:12,
17:5, 19:2
nose -24:3
Notary-1:23,
48:5
notes -48:9
nothln~ -9:7,
9:25, 43:
notwithstanding
• 37:8
Notwithstanding
-15:20
Number-9:5,
39:17, 39:23
number-3:19,
4:25 , 13:20, 16:9
0
oar -12:15
objective • 22:24
Obviously-23:19
occur -33:23
occurred• 11:21
occurs• 34:19
ocean -34:10
October-31:7
once. 28:17,
39:19, 44:13
Once-47:8
one• 3:20, 4:23,
9:5, 10:8, 13:6,
17:5, 19:2, 19:25,
20:6, 21 :8, 25:4,
27:18, 28:14, 29:20,
31 :7, 31 :25, 33:22,
36:25, 39:17, 39 :23,
45:1 2, 45:15, 46:25
One-20:25, 28:6,
37:22, 45:4
ongoing -5 : 11,
6:1
opens -38:13
operates -22: 18
opinion -26: 13,
30:21 , 34:13, 39:4,
47:12
opponents-
13:12
opportunity -
37:25
opposed• 12:24,
38:16
opposite -27:22,
28:24, 30:12
opposition -
25:11
option -10:17
options • 8: 18,
10:14
orchestrating -
40:21
order• 3:2, 7:12,
7:24. 14:3. 19:22,
20:3 20:12 21:7
28:4, 29:19
ordinance -32:3,
32 :4, 37:17, 38:1,
39 :5, 39 :6, 42:7,
42:17 , 42 :23
otherwise. 42 :1 3
ought -34:11
outcome -48:15
outlay• 12:18
outside • 23:1 1
over1ap -19:4
own -16:3
owner-32:7
p
page -32 :5, 32:6
paid -16:1
pale-6 :8
part -4:5, 4:17,
14:15, 21:12, 22:11,
22 :15, 24:20, 27 :1 0,
28:2, 28:14, 37:20,
38:2, 38:15, 38:19,
38:25
Part-37:15
garticipate -6 :22,
4 :24
participating -
4 :22, 5:9, 45:2 1
particular. 28: 1 o.
35 :8, 45:11
particularly •
31:15. 37:13
parties -48: 12
partner -5:25
gartners -45:4,
4 :12
party• 48:13
pass-8 :24,
19:13, 42 :7, 42:16,
42:23
passed-17:17,
19:12, 33 :23, 42:15
f asses • 26:23,
2 :21, 32 :9
Pastorizza - 2:9
pay -23:3, 40:22
people -3:21, 5: 1,
12:25, 15:9, 15 :24 ,
18:11 . 18:15, 18:16,
18:17, 24:2, 30:1 1,
33:6, 35:2, 37:21 ,
40:1 6, 43 :10
people's -23: 15
perhaps -36:8.
37:18
permanent-
15:22, 30 :23, 30:25
permits -26: 1
~erson • 41 :5
ersonally •
13:10
petition • 7:22,
8:6, 8:1 1, 8 :14,
27:24, 36:1, 41:11 ,
41:16, 42:12, 44:9
phases -17:19
pick · 22:5
pie• 25:10, 25:24
piece -18:13,
20:5, 20:6
place • 24:6 , 25:8,
25:16, 34:6 , 34:18,
37:1 7, 42:11, 42:14
placed -8 :8
plaintiff -9:22,
35:19, 35:20, 36:23
plaintiffs -4:24,
9:9 28:4
planning• 14:12 4:2, 47:20, 48:8 43:10, 44:10
plans -13:25 Proceedings• reasonably •
players • 22:25 1:22 43:15
pleading -10:11 , process • 24 :21, reasons -41 :12
12:11 31:15, 39:7 rebuild -32:11,
pleadings -12: 11 professional -5:5 32:24, 33:12, 34:10,
~lots-18:8 Professional -41:22
lus-29:24 1:23, 48:5, 48:20 recommend -9 :6,
Pm-1 :1 6 , 3 :13, professionally -36:17
47:21 5:23 recommendation
gotnt -14:8, p r ohibit -4 :22 -22:3, 38:6, 38:8
1 :21, 20:8, 26:21, project -43:5 record• 4:5, 4:17,
27:17, 35:3 , 37:11 , p roperty• 32:7 4:19, 5 :7, 6:10,
37:22. 38:18. 38:21, f roposed • 32 :3, 6:18, 8:7, 46:14,
38:24 3 :4, 36:13, 37:5, 48:9
pointed -11 :22, 38:1 recorded • 4:2
20:1, 44:11 protect • 37:6, recuse• 6:4,
points -16:24 37:12 45:22
political• 24:21, prove • 14:4, 14:9, reduced -16:11
29:1 3 16:18, 20:13, 20:15, referendum -
Politically -24:5 28 :4, 28:6 , 28:11, 12:1, 13:1, 14:6,
polltlcally • 24:17 29 :19 15:14, 15:17, 15:19,
gortion -14:21, rovide -7:17, 15:23, 18 :10, 21:3,
1 :9, 21:7 4 :14 24:20, 25:12, 25:17,
position• 8:18, provided • 9:23. 25:21 , 27:9, 27:12,
8 :20, 10:3, 10:5, 42:13 27:25 , 29:10, 29:17,
10:12, 10:16 , 11:9, provides -15:9 30:9, 30:10, 31:12,
15:16, 15:1 9, 16:20, provisions -8:2 31:18, 32:9, 33:18,
19:15, 19:21, 23:4, Public -1 :23, 48:5 33:20, 34:19, 35:3,
23:11, 23:1 2 , 23:20, public -3:2, 4:5, 36:7, 39:4, 39:6,
24:10, 24 :1 4, 24 :15, 4 :17, 9:17, 33 :21, 42:15
25:1, 27 :22, 28:18, 33:24, 37:7, 37:13, reflect -46:14
28:24, 29:6, 29:8, 38:13, 38 :16, 47:17, regard • 37:24
35:14 , 41:8 47:19 regarding -3:15,
positions -9:4 punitive -34:5 46:4
~ossible-11 :1, purposes • 45:23, Regis-43:5
2 :2, 29:5, 35:22, 46:9, 46:10 Registered-1 :23,
35:23, 36: 11 pursue -11 :21, 48:4, 48:20
potential -33:22, 18:18 regulations •
34:2 put -8 :24, 18:10, 13:23 , 42:10
towered-26:7, 23 :13, 31 :21, 34:5, relationship• 5:4,
2 :11 38 :7 5:5, 6:1
prefer -46:12 Putting -31:17 relative -48 :1 3
pregnant -29: 14 putting• 5:7 relatively • 12:8
preliminary • relief -9:22, 1 O: 1
4:13, 7 :23 Q relying -6 :1 2,
prepare• 17: 1, 40:22
17:6, 17:7, 18:6, qualms -30:11 remain -6 :1 2,
39:3 questions -7:2 6:22, 29:4
prepared• 18:2 quickly• 19:6 remaining• 29:9
present• 7:11 , quite -21 :2 , 44: 1 O remember -8:5,
44:7 quiver• 29: 11 8:8
Present-2 :12 quote. 10:8, Remember-
presented -36:1 23:22, 23:25 44:13 , 44:15
president• 43:25 , remind • 4:14
44 :1, 44:2 R remotely -37:10,
Presuming-38:1
35 :12 raise-11 :12, removal • 40:21
prevent• 43:3 38:24 remove• 7:21,
primary -30:16 raised -15:15 40:7, 41:3, 41 :5
private• 4 :15 range• 16:16 removed • 9:10,
privilege• 47:10 rate -16:12 10:2, 40:10, 44:15
problem -5:8, re -47:2 reopen -47:16
18:25, 19:3 , 30:13, re -entered • 47:2 repeat• 6 :1 7
35 :17, 36:25, 37:19, react -37:21, report. 48:7
38 :2, 39: 13, 44: 11, 43:14, 43:15 Reporter-1:23,
46:3 reads• 34 :19 48:5, 48:20
croblems -37 :18, ready -11 :23 reporter• 4:3
3 :4 , 38:5 real -21 :1 6 Reporter's-48:1
procedural • realized -39:22 reeesent · 22:16,
21 :15 realizes -39:18 45: 7
p rocedurally •
11:24
really -10:15,
14:10, 21:6, 30:3.
representation •
5:6
procedure -7 :15, 30:1 7, 34:1 , 38 :10, represented •
11 :16 38:11, 41:17, 41:18, 4:25
proceed -6:11 , 46:10 representing -
11:25 reason • 18:25, 4 :24, 6 :2, 46:2
proceeding • 5:9, 31 :24, 32:2 , 45:14, require • 6 :24
5:14, 6:8. 7:24 45:24 requirement -9 :2
OrO""'"'Afn n c -rea-,nn:1hle • researr.hinn •
TAYLOR REESE AND ASSOCIATES , INC.
(305) 444-7331
4
18:6
residential•
32:16, 32:21 , 35:25
residents -10:8
resoluti on -8:23
resolve• 31 :1,
40:25
respect -19: 18,
37:20, 44:8
respectful -19: 17
responsibility •
37:12
result• 9 :24 ,
32:14, 33:1, 34:3,
34:6, 34:11
retained• 45:10,
4 5:11
return -47:19
rev iew• 21 :1 ,
37:25, 47:7
Richard-2:10,
2 :1 3, 3:24, 3:25,
11 :22, 16:24. 20:1,
20:9, 21 :24, 33:16,
45 :14
ridiculous• 32:14
rights· 29:16
risky • 42:20
role -3:3, 22:22
room• 4:7 , 6 :13,
6:22, 6 :25 . 45:2 2,
46:13, 46 :1 5 , 46:16,
47:2
Rosenfield-2:4,
3:8, 3 :9, 3:23, 12:2,
16:6, 17:11, 17:21,
21 :20, 22 :12, 24:19,
24:24, 27:23, 34 :7,
35:1, 35:5, 39:1 0,
40:16, 41 :2 , 42:2 2,
43:6, 43:16, 43:19
Roth-2:3, 3 :1,
3:4, 3 :5, 3 :13, 7:3,
10:17, 12:22, 18:8,
18:23, 19:8, 22:14,
24 :18, 26:5, 26:8,
26:12, 26:15, 40:14 ,
42:16, 42:20, 43:9,
44 :1 , 44:3, 44:21 ,
46:19, 47:15
Rpr-1 :23, 48:20
rule• 4:21, 10:20,
28:9, 44:7
rules-11 :16
s
safer• 40:25
Sanz-2 :4 , 3:1 0,
3:11, 3 :23, 17:24,
19 :14, 22:8, 41 :25
sat.lsfled -7 :3
saw• 31:24
scenario -28:11
scheduling • 43:4
script -47:4
second • 4: 18,
30:18
section • 32:22
see -6:19, 13:20,
30:13, 31:18, 37:21,
41:23, 44:4
seeking• 7:21
seeks -9:23
send -18:5 , 47:8
sense -25:6
separate -38: 11
September• 1:15,
3:1,30:19
,:ArfA,: • 1fi'.17
Seriously -17:23
Serota -2 :9, 2:13,
3:25, 6 :9, 6:14, 7:8,
9:16, 11:16, 13:4 ,
13:19, 14:23, 15:8,
16:8 , 17:23, 18: 1,
19:25, 20:8, 20:20,
21 :22, 22:24, 24:8,
25:2, 27:6 , 29:1 ,
29:24, 35:7, 35:11,
35:1 4 , 38:18, 46:24
session -3:14,
3:20, 4:9, 4 :15, 7 :6,
11 :8, 19:11, 38:17,
47:16, 47:17
Session-1:7
set -4 3:2
Seven-5:18
several -17:19
Seymour-2:3
shall-4:7
shops -10:9,
18:18, 40:4
Shops -3:16,
7 :2 1, 14:11 , 14:17,
23:22, 24 :15, 38:21,
40:9
show -20:4, 20:9,
21:13, 21:17 , 21:19
showed -44:16
Shubin· 4:2 3,
5 :13, 5:23, 11:7,
13:5, 13:10
side• 8:12, 9:20
sidetrack -37: 11
significant -
14:14, 16:1, 27:10,
29:10, 29 :22, 38:19
Similarly -32: 15
simple -21:2,
35:24
sinte -34:4,
35:2
s ingle-family -
34:4, 35:24
situation -15:14,
15:25, 23:2
six• 17:6
slice -21:23
social -24:22
solution -34:18
solve -36:24 ,
38:1
sometimes-12:7,
30:7
somewhat -19:23
Sorry -37:23
sort -8:11, 8:15,
12:19, 22 :18, 29 :21,
37:20
sought -10:1 ,
24:10
sources -22:21
special • 43:4
speech -18:12
spoken -8:1 6,
12:25, 23:1
St-43:5
staff -37:4
start -17:22
State-1 :23, 48:2,
48:6
state-4:18, 21:5,
26:1, 27:13, 29:1
Status-13:18
status -13: 19,
18:1, 18:3, 18:7
Statute-3:15
Statutes-7:9,
17:18
stayed -22:18 thi nks-40:1, 26:16, 32:2, 38:13,
s tenographic -45 :20 43:2
48:9 three -8:17, upsets-8:2
st enographlcally 10:14 , 17:4 , 17:7,
-48:7 30:23, 46:17 V step -17:15, Thursday-13:20,
19:15, 20:1, 41:3 18:2, 18:7, 19:6, variance -25:9
steps -45:1 5 43:17 vein-26:15
sticking -24:3 today -11 :8, versus -3:17
still• 5:11, 8:10 17:21 Vlce-2:3
stop -14:8 together -39:24 vlce -44:1
stories -32:8, Tomorrow-17:23 village -8:25
32:18, 36:2, 38:22, tomorrow -18:4 Village-1 :6, 1:15,
39:2 , 42:13 tonight -18:4, 2:6, 2:8, 3 :17, 3 :22,
storm -32:23 27:5 5:15, 7:21, 8 :19,
story -31 :22, took -15:16, 8:2 1, 8:22, 9 :1,
36:4, 36:5, 36:24, 15:18, 24:9 10:4. 10:8, 10:12,
38:18, 39:12 , 39:13, totally -22:24, 11 :5, 11 :9, 12:5,
40:18 25:2 12:23, 13:2, 15:13,
strateo/:-7:1 0 , touch -33:20 15:15, 19:19, 19:20,
37:15, 3 :20 tough -13:3, 23:3, 23:15, 23:23,
Street-1:14 24:17 24:1, 24:3, 37:4,
s t ricken -15:23 towards -16:19 38:6, 39:5, 39:25,
stuck -34:20 traditional -8:20 40:4 , 41 :1 9 , 41 :21,
studies -24:22 transcript -4 :4 , 43:23, 45:19, 46:6
s t udy-38:7 4 :16, 4 8:8 violate -21:5,
s tuff -21:15 , translate -12:17 27:13
44:11, 47:10 traps -24:6 violated -16:3,
s tyle -32:17, 42:8 Traurig-13:13 17:18
styled -3:16 Treppeda-2:7, violates - 8 : 1
submitted -12:25 4:1 vote -8:12, 13:1 ,
substance-4:12, trial -14:21 , 15:5, 15:10, 18:15, 18:16,
21:14, 21 :16, 42 :9 16:24, 16:25, 17:2, 18:17, 23:15, 23:17,
substantive -30:23, 30:25 27 :7, 27:9, 30:14,
22:6, 30:15, 31:11 trials -29:25 35:12, 40:1, 40:2,
succeed-21:9, tried -10:25, 40:24, 46:10, 46:18
28:7 , 28:12, 28:21 30:20 voted -15:24
success -20: 10 true -48:9 voters -8:12,
successful • truthful • 37:10 40:2, 40:22
15:20, 34:16 try -10:23, 17:13,
sued -7:21, 8:25 27:2, 27:3 w suggested-Tucker-1 1 :1,
31 :15, 33:25 11:10, 11:11, 11 :13, Walk -32:19
suggesting -23:1, 39:22, 43:24, wants-33:7
28:20, 36:8 44 :4 wax-14:24
s uggestion -Tucker's-27:16 week - 30:18,
34:25, 46:1 Tuesday-1 :15 31:7
Suicide-24:18 turn -4:8, 18:22 weeks -30:23,
s upposed -8:3 two - 7 :16, 9 :4, 31:6
Sy-2:3 10:8, 17:4, 17:7, Weiss-2:9, 2:10,
19:19, 22:20, 31 :6, 3 :24, 3 :25, 4:8,
T 31 :8, 3 1:18, 36:2, 5 :17, 6 :9, 6 :19,
39:16, 42 :16, 42:22 6:23, 7:4, 717,
Tallahassee-9:24, 10:22, 12:5,
13:24 u 13:18, 14:20, 15:1,
teach er -24:23 17:13, 18:13, 18:25,
temporary • unbearably -33:4 19:10, 1 9:17, 20:5,
20:14, 30:1, 30:22, unconstitutional 20:19, 21:6, 22:10,
30:24, 31:4 -14 :7, 15:17, 25:6, 22:16, 23:10, 24:13,
ten -42:25 25:25, 28:9, 40:9 24:22, 26:2, 26:7,
Teresa-1:22, under - 6 :1 4 , 26:10, 26:18, 27:15,
48 :4, 48:20 25:14 28:1, 29:1 8, 34:22,
term -20:11 Under-7 :8, 9 :7, 35:4, 35:21, 37:15,
terminated -11 :16, 38:19 38:10, 39:3, 39:15,
47 :18 unfair -33:1 40:20, 41 :5, 42:4 ,
terms -5:5, 8:18, unintended -42:18, 42:24, 4 3:8,
12:16, 17:17 34 :2, 34:11, 37:14, 4 3:13, 43:18, 43:21,
terrible -44:12, 44:8 44:2, 44:4, 44:22,
44:14 unique -13:21, 45:1, 46:5, 46:17,
theoretically -15:25 46:21 , 46 :25, 4 7:3
20:22, 29:2, 29:5 unless -42:13 Whitman-23:21 ,
therefore -21: 18, unlikely -28:12, 33:7, 33:11, 39:6
28:21, 28:22 28:2 1 Whitman's-32:2,
t h ereof -48: 10 unreasonably -37:25, 42:8, 42:9,
they've -20:15, 33:5 43:22
36:12 unusual -15:16, whole-5:1,
They've-13:16, 19:23 13:22, 14:23, 17:16,
29:18 up • 7:15, 18:17, 22:9
thinking -26:15, 20:6, 21:24, 22:2, . wiggy -46:25
33 :1 4 22:6 23:6 25:18 win - 15:7 18:24
TAYLOR REESE AND ASSOCIATES , INC.
(305) 444 -7331
5
20:16, 21:3, 21 :1 8,
30:3
withdraw -35:3
withdrawn -
36:14
Wolpin-44:17
word -36:4,
46:22, 46:23
words -10:18,
11:22, 15:18, 18:14,
20:23, 21 :3 , 24:11,
30:20, 42:10
wortd • 13:14
y
year -17:6
years -4:24, 5:13,
5:18
yesterday -11 :7
z
zero -9:25
zoning -8:3