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HomeMy Public PortalAbout2009-03-17 AttorneyClient Session CASE 03-21932CA23 13 pages (2)1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 1 5 1 6 17 1 8 19 20 VIL L AGE OF BA L HARBOUR AT T ORNEY/C LIEN T SESSION BAL HARBOUR VI LL AGE HALL 655 96th STREET BAL HARBO UR , F L ORIDA 33 15 4 TUE SDAY , MARCH 1 7 , 2009 6 :35 p .m . -6 :38 p.m. 21 Taken before Ma r y G . Stephe n son , FPR , Notary 22 P u b l i c for the Sta t e o f Florida 23 2 4 25 TA YL OR REESE AND ASSOCIATES, I NC . (305) 444 -7 33 1 1 1 APPEARANCES: 2 COUNCIL MEMBERS: 3 J E AN ROSENF I EL D, ASSISTANT MAYO R MARTIN PACKER 4 JOEL S . JACOBI 5 6 V I LLAG E MANAGER : 7 ALFRED J . TREPP ED A 8 9 VILLAGE ATTORNEY : 10 11 12 13 14 1 5 1 6 17 1 8 1 9 20 21 22 23 2 4 25 WEISS S ER OTA HELFMAN PASTOR IZA CO LE & BONISKE , P .A. BY : RICHAR D WE I S S , ESQ . MI CHA EL PO POK, ESQ. VILLAGE CLERK : ELLISA HO RVATH, CMC (PRESENT ONLY DUR IN G P UBLIC PORTION) TAYLOR REES E AND ASSOCIATES, INC . (305) 444 -73 31 2 3 1 Thereupon , the following proceedings were had: 2 4 5 6 7 8 9 1 0 11 1 2 13 14 15 1 6 17 18 19 20 21 22 23 24 2 5 ASSISTAN T MA YOR ROSENF IELD: I am ca ll ing the publ i c meet i ng to order. The roll , p l ease . MS. HORVATH : Ass i s t ant Mayor Rosenfield . ASSISTANT MAYOR ROSENF I ELD: Present. MS. HORV AT H: Councilman Jacob i . CO UNCILMAN JACOB I : Here . MS. HOR VATH : Councilman Packer . COUNCI L MAN PACKER: Here . MS. HO RVATH : Mayor Berl i n and Councilman Sanz a r e absen t . MR . WEISS : Read the whole th i ng. ASSISTANT MAYOR ROSE N FIELD : T he time is now 6 :35 p .m . an d we are abo u t to have an atto r ney /client session in accor dance with Florida Statute 286.011 rega r ding the litigation styled Bab ak Rah eb versus The Vi llage of Bal Ha rbou r , Dade County Circuit Court, case number 03 -21932 CA 23. The session is es tima ted to last fo r one hour and t he fol l owing people wi l l be in attendance at the meeting ; Joel Jacobi , Martin Packer and Jean Ros enfield , Vil lage Attorneys Ric hard J . Weiss and Michael Popok , a nd Villag e 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 4 Ma nag er A lf red T repped a. These proceedings wi ll be recorded by a certified cour t r e porter and , at the conclus i on of the li t i ga tion disc u ssed , t he transc ri pt will be ma d e part of the pub l ic record . All th ose i nd ivi du a ls who I have not named should le ave the room at t bis t i me . (Thereupon , Ms. Horvat h le ft th e roo m.) MR. WE I SS : No w ha ve your d is cuss io n . By th e way, I relayed t he conversa ti on e xa c t l y the way I ha d it with him . COUNCI L MAN JACO BI: Okay . ma ny peop l e are on the ir bo ard . I don't know how I ha ve no idea . I wo u ld like to know if it was not unanimous , what di d t h at mean . Can you ca ll him again , R i chard, and ask him wha t t ha t mea ns ? MR. PO POK: The ma jo rity wi ll of t hei r board . COUNC ILM AN JACOBI : I know, but is i t a four to th r ee vo te , whether it 's t wo to five , yo u know . COUNCILMA N PACKER : As l ong as you a re bri ngi ng that up, I wo u ld say even though he says that they are in f avor, my own gut fee ling stil l is -- TAY LOR REE SE AND ASSOC I ATES, I NC . (305) 4 4 4-73 3 1 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 2 5 5 COUNCILMAN JACOBI: Why don 't we approve it and le t them come forward at that meeting if there is a problem and we can hea r from them t here . COUNCILMAN PACKER : I f we are going to have a vot e on that , I 'm go in g to vote no, but, I mean , it 's up to you guys . MR . POPOK : We are not vot i ng here . We are jus t directing whet her it 's going to be on the nex t agenda for cons i deration . There is no voting in an executive session . MR. WEISS: No , bu t I have to say th is . Le t's not do this aga i n. Martin has made i t very clear that if i t shows up on the agenda, he 's not voting for i t . Everything doesn't need to be unanimous. If Jean and Joel, you will be voting f or it if it comes on the agenda , then move i t forward and t ell us to put it on the agenda. ASSISTANT MAYOR ROSEN FIELD : Even if you vote for it now , when it comes on the agenda, you can st i ll vote aga i nst it . CO UNCILMAN PAC KER : He said not to do that. MR. WEISS : What I am saying is that I t hink, again, I think you are going into executive session telling your attorneys t o p re pa r e a n agreement, us go in g to the pla intiff , tel li ng h i m TAY LOR REESE AND ASSOCIATES, I NC . (305) 444 -733 1 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 15 16 1 7 18 1 9 20 21 22 23 24 25 6 t hat, i t starts to look silly. Honestly, i t 's not b ecom ing for a city to be f l oppi ng a nd f l ipping a l l over the pla ce and changing you r minds . COUN CILMAN JACOBI : I move t o put it on t he agenda . We can always change our minds . COUNCILMAN PACKER: Bu t he 's telling you please not to do t hat. MR . WEISS : You can do wh atever you want . COUNCILMAN J ACOB I : I f I feel like l ast t i me, I fe l t a c h ange o f heart from hea r in g what people ha d to say, I'll do it. people . I 'll rule with t he feel. CO UNCILMAN PACKER : That is the way I wou l d Personally , righ t now , I would say not to approve it , but if it is just a matter o f put t ing it on the agenda an d l ist e ning to what the residents o f inside, even thou g h he says h is board voted unanimously f or it, I wo u l d want t o h ea r i t fr om people and we wi ll hear from them once i t 's on the agenda of the settl e ment , and I be lieve t he settleme n t amo un t s will be pub l ished ahead of ti me . MR . WEISS : I t w il l b e part of the age nda. COUNC ILMAN PACKE R : I t will be par t of t he agenda and if th e r e is too mu ch of an up r oar or TAYLOR REESE AND ASSOCIATES, I NC . (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 whatever it is , I reserve my right to either to tab le it again or say no . MR . POPOK: I think you are going to see three ca t egories of peop l e there. We saw i t last 7 time . T h ere are people tha t are going to threaten to do what he did for whatever reason . We saw t hat . There i s going to be the people that said, I don 't l i ke the security district, I don't care. And t here are go ing to be t he people that say it 's fine . Those are the three groups of people you are going to see . I don 't think you are going to see a giraffe wa l k in here . That is it. That is what you are going to hear . COUNCILMAN PACKER: Correct and, hopeful l y , the meet ing will be in the evening so that we can still get peop l e to come in that wi ll not be first th ing in the morning wh ere they say we are h iding. COU NC I L MAN JACOBI : of peop l e . We had the same amount ASSISTANT MAYOR ROSENFIELD: w i th that. MR. WEISS: Yes . ASSISTANT MAYOR ROSEN F I ELD : I would ag ree But I would like t o see one other thing . I know we spoke to 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 1 7 1 8 19 20 21 22 23 24 25 t he president of t he homeowners associa ti on. would rea l l y l i ke us to suggest that they hold I another open mee tin g where they send out what the meeting is about to see how the people --I wou ld like t o see a vo t e from them. What they are say i ng i s the board voted for it, even though there were some peop l e agains t i t . How many people were against it ? I have no i dea . that , you know , befo r e they come t o light I t h ink COU NCILMAN PACK ER : That i s a good suggestion . MR . WEISS : I think we need to p i ck up the phone and call Stuar t and t el l h im to do t h at . ASSISTANT MAYOR ROSE N F I E L D : I a m go ing t o . COUNCILMAN JACOBI: T hat i s a good i dea , Jean . ASSISTANT MAYO R ROSENF I ELD : I want the 8 homeowners assoc i ation to hold a meeting . They are rea ll y --t he o n l y p eo ple th a t shou l d be speak i ng about it a r e the people t h a t are affected by it . It 's their money . CO UNC IL MAN JACO BI : Are we i n agr e e men t that the home o wners association , i f it does go through , they pay t h e $10 ,000? ASSIS TANT MAYOR ROSENFIE LD : Yes , of TAYLOR REESE AND ASSOCIATE S , I NC . {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 2 5 course. COUNC ILMAN JACOBI : We have to put tha t f o rward because it was i n t he agreement . thought I read i t in the agreemen t . I MR. POPOK : It 's a l ways the council 's discretion . ASSIS TANT MAYOR ROSE NFIELD: Definitely, definitely , I want that , that it 's out of their money. COUNCIL MAN PACK E R : It 's out of their money that is paying. But the money coming back is coming back to the vi ll age or to t hem? ASS I STAN T MAYOR ROSENF I ELD : To t hem. To the village or to them? MR . POPOK : The money coming is not to us, for the liens . MR . WEISS : I t 's the security district 's money . COUNCILMAN PACKER : No, no , it 's a lien from the vill age . MR. WEISS : That mo ne y is for unpaid security distr i ct assessment, and goes back into on t he securi t y distr i ct account. COUNC IL MAN PACKE R : The secur i ty district. MR. WEISS : T hat is who he owes . TAYLOR REES E AND ASSOCIATES, INC . (305) 444-7331 He hasn't 9 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 16 17 18 19 20 21 22 23 24 25 paid his assessment for the gate , so that money goes back into t he security dis tri ct . MR . POPO K: Which the v i llage directs. COUNC ILMAN PACKER : When the village puts on a lien on a perso n's property for unpaid taxes MR. WEISS : Bu t this is not taxes . COUNCILMAN PACK ER : T h i s is not taxes? ASS I STANT MAYOR ROSENFIELD: No . 1 0 MR . POPOK: If it were taxes , t hen we would have a problem with the court. ASS I STANT MAYOR ROSENFIELD: It's a security assessment. COU NCILMAN PACKER: I t's a security assessment. MR. WE I SS : That is t he issue . CO UNCILMAN PACKER : That is where the i ssue is? ASSISTANT MAYOR ROSENF I E LD : Yes . Again, let 's be very clear on this. We w il l put this on the agenda wi th a couple of cavea t . T he caveat is, number one, that the money comes out of t he homeowners association, that that be p ut into the agreement that it 's from t he homeow n ers. TAY LOR REESE AND ASSOCIATES, INC. (305) 444 -7 331 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 25 1 1 CO UNCILMAN JACOBI : T hey ca l l it the security district funds. ASSIS T ANT MAYOR ROSENF IELD: I'm sorry. Security d i strict f unds. Number two , that the homeowners assoc i at i o n h old the mee ti ng in which they inform al l of their residents of that area what the meet i ng is about , and to get some kind of an accurate vote of the homeowners. MR . WE I SS : You guy s need to do that beca u se nothing that we say here can l eave t his room. ASSISTANT MAYOR ROSE NFIELD : I know that , bu t I can ca ll and still say -- MR . WEISS : You can say , Stuart , it 's going on the agenda , I want to see you do this , th i s, and this . COUNCI L MAN PACKER : If he doesn 't agree? ASSISTANT MAYOR ROSENF IE LD : We wi ll find t h at out. time. COUNCILMAN PACKER : That is another story . ASSIS T ANT MAYOR ROSENFIELD: One thing at a COUN CILMAN PACK E R : Okay. ASSISTANT MAYOR ROSEN F IELD : Okay? TAYLOR REESE AN D ASSOCIATES, INC . (30 5) 444 -7331 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 2 2 23 24 25 I wil l now reopen the public meeting . The a tt orney/c lient session has been t ermina t ed and members o f the general public are now inv it ed to return for any f ur ther proceedings or matters . MR . WEISS: Now you move to adjourn . COUNCILMAN PACKER : I move to adjou rn. ASSISTANT MAYOR ROSENF I ELD : Do I have a seco n d? COUNC I L MAN JACOBI : Seco nd . ASSIS TAN T MAYOR ROSENFIELD : We are adjourned . (T hereupon, the proceedings were adjourned at 6 :38 p.rn.) TAYLO R REESE AND ASSOC I ATES , INC. (305) 4 4 4 -7 33 1 1 2 1 2 3 4 C E R T I F I C A T E 5 I , Mary G . Stephenson, FPR , State of Florida at 6 Large , certify that I was authorized t o and did 7 stenograph i cally report the forego in g proceedings and 8 that t he transcri pt is a t r ue and complete record o f my 9 stenograph i c no t es . 1 0 11 Dated th is 20th day of Apr i l, 2009. 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 TA YLOR REES E AND ASSOC IATES, INC. (305) 444-7331 13