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