Loading...
HomeMy Public PortalAbout2006-09-12 AttorneyClient Executive Session CASE 06-17444CA271 2 3 4 5 6 7 8 9 10 11 12 1 3 14 1 5 16 17 18 19 20 21 22 23 24 25 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 1 1 APPEARANCES 2 COUNCIL MEMBERS : 3 SEYMOUR "SY" ROTH, MAYOR HOWARD J . BERLIN , VICE MAYOR 4 JEAN ROSENFIELD JAIME M. SANZ 5 6 VILLAGE MANAGER: 7 ALFRED J . TREPPEDA 8 VILLAGE ATTORNEY : 9 WEISS SEROTA HELFMAN PASTORIZZA 10 COLE & BONISKE , P .A . RICHARD WEISS , ESQ . 11 JOSEPH A. SEROTA, ESQ . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TAYLOR REESE and ASSOCIATES (305) 444 -733 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REE SE AND ASSOCIATES, INC . (305) 444 -7331 3 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 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. TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 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. TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -7331 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -733 1 11 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES, I NC . (305) 444 -7331 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 TAY LOR REESE AND ASSOCIATES , I NC. (305) 444-7331 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 21 22 23 24 25 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. TAYLOR REESE AND ASSOCIATES, INC. {305) 444-7331 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 15 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 . 16 As Richard points out , this is a trial. This is a t ri al done on an expedited basis. TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 So 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 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 TAYLOR REESE AND ASSOCIATES, INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 18 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 19 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. TAYLOR REESE AND ASSOCIATES, INC . (305) 444-7331 When 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 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 TAY L OR REESE AND ASSOCIATES, I NC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 . 23 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 TAYLOR REESE AND ASSOCIATES , I NC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 24 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 . TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 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 . TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 28 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. TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 Very 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 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. TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 31 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 32 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 TAY LOR REESE AND ASSOCIATES, INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 33 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 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 . TAYLOR REESE AND ASSOCIATES, I NC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 36 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 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 TAYLOR REESE AND ASSOCIATES , INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 41 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 TAYLOR REESE AND ASSOC I ATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 . TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? TAYLOR REESE AND ASSOCIATES, INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 TAYLOR REESE AND ASSOC I ATES , INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 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.) TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 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 , $ $100,000 -16:16 , 17:10 ' '99 -5:17 0 06/17444 -3:19 1 100,000 -16:19 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, 39 :13 11th-3:17 12-1:15, 3:1 18.-foot-32:7, 38:22 19th -39:8 2 2006 -1 :15, 3 :1 , 48:17 22-36:6, 41:22 27 -3:19 286.011 -3:15, 7:8 3 30 -36:2. 36:3, 36:5 30-foot -41 :20 33160 -1 :15 5 SO-16:15, 17:10 5:27 -1:16, 3:13 6 656 -1:14 6:22 -47:21 9 96th -1 :14 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 TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 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