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HomeMy Public PortalAbout2009-04-29 AttorneyClient Session CASE 07-12570CA081 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 1 8 19 2 0 2 1 VI LLA GE OF BA L HARBOUR ATTOR NEY/C LIE NT SESSION BAL HAR BOUR V IL LAGE HA LL 655 96th STREE T BAL HARBOUR , F L ORIDA 33 154 WEDNESDAY , APRIL 29, 2009 9 :0 7 a .rn . -9 :25 a .rn . 22 Taken before Mary G . Step h e n son , FPR , Nota ry 23 P ubl ic for the State of florida 24 25 TAYLOR REESE AND ASSOCIATES, INC . (305) 4 44-733 1 1 1 2 APPEARANCES: 3 COUNCILMEMBERS: 4 5 6 7 8 9 10 11 1 2 13 1 4 15 JEAN ROSENFIE L D, MAYOR JON I D. BLACHAR, ASSIS T ANT MAYOR PATRICIA COHEN MA RTIN PACKER JAIME M. SANZ VILLAGE MANAGER: ALFRED J. TREPPEDA VILLAGE AT T ORNEY: WEISS SEROTA HELFMAN PASTORIZA COLE & BON ISKE , P.A . BY: RIC HARD WEISS, ESQ . MICHAEL POPOK, ESQ . 16 VILLAGE CLERK: 17 ELLISA HORVATH, CMC 18 19 20 21 22 23 24 25 (PRESENT ONLY DURING PUBLIC PORTION) TAYLOR REESE AND ASSOCIATES, INC. (305) 44 4-7331 2 3 1 There u pon, the following pro ceedings were had: 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 25 MAYOR ROSENFIELD : I am call i ng the public meeting to order . May I have the roll, please . MS. HORVATH: Mayor Rosenfield . MAYOR ROSENFIELD: Present. MS. HORVATH: Assistant Ma yo r B l achar. ASSISTAN T MAYOR BLACHAR : Present. MS . HORVA TH : Councilman Cohen. COUNCILWOMA N CO HEN : Here . MS. HORVATH: Counc i l man Packer. COUNC I LMAN PACKE R : Here. MS. HO RVAT H : Councilman Sa n z . COUNCILMAN SANZ : He re. MAYOR ROSENF IE LD: The time is now 9 :07 . We are about to have an atto rn ey/client sess i on in accorda nc e with Flo rida S t atute 286.01 1 rega rd ing the l itigation styled Lynne Bloc h -Mullen ver sus Joe l J acobi, Ba l Harb our Vi l lage , and the Mia mi-Dade Ca n vass i ng Boa r d, Dade County Circuit Cou rt , Case Number 07 -12570 CA 08. The session is est i mated to la st one hour and the fol l ow ing peopl e will be i n attendance a t t his meeting . The fo l lowing Village Co un ci lrne rnber s and me, Vic e Mayor J on i Blachar , TAY LOR RE ESE AND ASSOC I ATE S, INC. (305) 444 -733 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 1 7 18 19 20 21 22 23 24 25 Jaime Sanz , Martin Packer and Patricia Cohen, Village Attorneys Richard J . Weiss, Michael S . Popok, and Village Manager Alfred J. Treppeda . 4 The proceedings will be recorded by a certified court reporter, and at the conc l usion of t he litigation discussed , the tra n script wi ll be made a part of the public record . All those individua l s who I have not na med should leave the room at t his time . (Thereupon, Ellisa Horvath l eft the room.) MR . WEISS: Since this is the first executive session for t wo of our counci l members , just briefly, as you know , because you both had a brilliant orientation , you know that you are not allowed to speak to each other unless you are in a public meeting, but there are ce r tain very limited exceptions to that, li t igation . If we are active in litigation , that is one of the times we can have a shade meeting . pub l ic . In other words , there is no You will notice , though , that there is a cour t repo r ter here t aking down every single word that we say, and at the conclusion of the litigation, her transcript is public . So t hat while you are able to speak he r e , confidential l y TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 1 9 20 21 22 23 24 25 during the lit iga t ion, once the l itigation is ove r , the n those transcripts are public, and I'm sure that , you know, people find th em to be very interesting reading. ASSISTAN T MAYOR BLAC HAR : It is tran scribed automatically? MR . WE I SS: Yes . gives it to the cler k . She transcribes it. It i s sealed. She Once t h e litigation is over , t hen they are unsealed and if somebody makes a public record req u es t for them , t he n we must prov i de i t. ASSISTANT MAYOR BLACH AR: Where are they stored? Here i n the city hall? MR . WEISS : They are in the city h a ll . ASS I STANT MAYOR BLACHAR : Okay . Thank you. MR . WE I SS: All publ i c records are stored in city hall by the clerk. We a re l imited here to litigation strategy, expenses . We wil l hold you ve r y nar r ow l y t o the issues dealing with this litigation . So , briefly, first of al l , thi s is my partner , Michael Popok, who is t he lead attorney in our l i tigat i on department in our office, and has been handl i ng this case. I know, Joni , you had a dog case with Michael years ago . TAYLOR REES E AND ASSOCIATES, IN C . (305) 444-7 331 5 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 1 8 19 20 21 22 23 24 25 MR . POPOK: Mr . We l c h . MR. WEISS: So , br i ef l y , I 'll have Mic h ae l just --Martin , I know you are in a rush . I apo l ogize . You are already late. You were supposed to leave at ten after 9:00, but , anyway, I wil l have Michael briefly bring you up to da te on the litigation, exactly where it is, and then there a r e just a coup l e of i ssues that we need to get some guidance. What we use these sessions for i s because we can 't speak with you pr ivat e ly , th i s is where we ge t guidance and d i rectio n as part of the litigation , beca u se you are our cl i ents and tha t is what the purpose of these sessions are. CO UNC I LWOMAN COHEN : Can you give us your opinion as well? MR. WEISS : Yes , we do . COUNCILWO MAN COHEN : Okay . MR . POPOK : Good morning. Thank you , R ichard . Just b rief ly, specially to the new counc i l people, le t me j u st t ell you where we are with that litigation and what direc ti on or guidance I w i ll be asking the counc i l for. T his, of course , was the challenge by Ly nne TAYLOR REESE AN D ASSOCIATES, INC . (305) 4 44-7331 6 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 1 8 19 20 21 22 23 24 25 7 Bloch-Mullen to Joe l Jacobi's eligibi l ity to hold his council seat . Tha t suit has been go i ng on for about a year and a half. It brought actions against Mr. Jacob i persona l ly cla i ming that he was ineligible under the residency requirement. He wasn 't qua li fied wi t hin the year as required by the village charter, and that, therefore , when he stood for elect ion and won , that that was inval i d . The other part of it , which concerned the village , was tha t Ms. Bloch -Mullen also wanted to be seated in his place even though she had lost the elect i on under a theory t hat she had , which is a common law doctrine not in the statute ca l l ed q uo warranto. T hat went on for a year and a half . For the village 's side we preva i led on our lega l t heori es and t he pos ition of the counc il at the time that t he village 's char ter and code specified how a vacancy , no matte r how i t 's created , even by removal by a j udge , should be filled , because tha t would be filled by the council , which has already been done . T he other s i de opposed that and argued th a t even if he were removed, or in this case vo lun tarily resigned , that that council seat should go to her as the challenger . TAYLOR REESE AND ASSOC IATE S , I NC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 25 8 We fi l ed a motion for summary judgment severa l mo nths ago prior to t he tria l on the issu e of whether he was or was not a r esident to try to have the judg e rule as a ma tt er of law that th e vi ll age 's position was correct and Judge Jeri Beth Cohen , before she r otated out to another division of the court , ruled in the v il l age 's favor and ru le d t hat under t he Fl or ida Statute that is applicable and our code in the charter that fol l owed t he stat ut e that t he village council has th e power to appoint a replac ement if there is remova l for any purpose , including a remova l by a judge or a res ign ation based on a residency c h allenge . The rema ining issue was litigat ed th rou gh tr ial, but e n ded a month or two --I guess about a mon t h ago where the judge was t rying to decide whe t her Mr . Jacobi was or was not a qualified resident at t he ti me th a t he ran . Pri or to her rendering her ru l ing, he elected to resign and the council has recently appointed Mr . Sanz to the seat . · Wh a t is l eft in the case fo r th is council to consider is an entit l ement that the village has as the prevailing party on i ts c l aim to costs. TAY LOR REES E AND ASSOC IAT ES , I NC . (305) 444-733 1 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 fees . Let me explain costs versus attorney's Costs sounds like fees, but it 's not. Attorney's fees are attorney's fees, and, of course , the village has expended a considerable amount of attorney's fees since the beginn ing of the suit to defend its position in t he case. Those attorney 's fees are not what I 'm talking about. What I 'm talk i ng about is that under the 9 Florida Statute and law , a pa rty that prevai l ed on its claim i s entitled to costs , and they are defined court costs tha t are actually in a uniform guideline that is provided in the court ru les . I t 's copy charges . I t 's the cost of mediation . MR. WEISS: Court repo r ter. MR . POPOK : It 's court repo r te r. It's some fees that we may have paid along t he way . In this particular case , even though it went on for a number of years a n d there were considera b le amount of attorney 's fee s , there weren 't that many costs . In typical cases where you go to trial and the r e is court reporters and that type of thing, bu t because we won so early on summary judgment and we went to a different mode at trial , we weren't real l y trying the case , the court costs have bee n relative l y small. TAYLOR REESE AND ASSOCIATES, I NC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 15 16 17 18 19 20 21 22 23 24 25 We went t hrough our fi l es and we figu r ed tha t i f we were to ma k e an app l ication to the court at your direct i on for costs f or recovery purposes, it would probab l y be in t he $3,000 r ange. Just so you know , from a comparison 10 standpoint , that is not a lot of costs, but it is an amount that the v i llage would be en t itled to . We would have to have a hearing. We wou l d have to file a motion, support i t with an a f fidavit , attach all the records of costs, have a heari n g, wh ic h I 'm sure the other side would oppose , and have a couple of hour hear i ng on the issue . So it could well be t h a t there would be an expenditure of an amount almost equal to , if not equal to the amo u nt of the cos t t o recove r it , b u t we wou l d be remiss i f we weren 't to tell you that w i thin 30 days of the judge entering her decision , which was on the 14 t h of Ap r il , we have 30 days, 15th of May to file our mo tion fo r costs , which is what we a r e here to talk about . COUNCILMAN PACKER : Question. When you say the cos t s, we would be going after t he costs af t e r the li tigan t ? MR . WE I SS: What normally happens in a case --first of all, we are brin g i n g this to you TAY LOR REESE AND ASSOCIATES, INC . (305) 444-733 1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 1 7 18 19 20 21 2 2 23 2 4 25 1 1 because th i s is v il l age money, and we don 't fee l comfortable wa l king away from vil l age money wi thout consulting w i th you, our clients . In a normal circumstance , let's say , if I would sue you or you would sue me, and I won, you have caused me t o spend money, and so if I won the case, I wo ul d come a g ainst you in a nor mal l it i gation. So in this particu l ar case, we would be asking the court t o order Lynne Bloch-Mullen to pay for our costs. MR . POPOK : Rig ht . I t would be the p l aintiff, not the attorneys . MAYO R ROS E NF I EL D : A t t h i s point, t o spend thre e o r $4,000 t o r e cap tur e $3 ,00 0 does not sound l ike a ve r y prudent th i ng to do. COUNCILMAN PACKER : and I think MAYOR ROSENF I ELD: please? COUNCILMAN PACK E R: MAYOR ROSENF IE LD : I agree wit h the mayor, Wa i t. Can I finish, O kay. Go ahead . Don 't i n te r rupt . At this pa r t i cular po i nt , I find it would se n d a message, but I'm not quite sure that th ose who mi ght ne e d to receive the me ssage wou l d necessarily get i t . TAYLOR REESE AN D ASSOC I ATE S , INC . (305) 4 44 -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 12 I t h ink at this poin t --but I do want to reserve the righ t beca us e the l iti gation is not ove r . She s til l has the right t o appeal. I wou l d like to e nd t his n ow , but with the ri ght to open thi s discuss i on up again should she appeal. ASS I STA NT MAYOR BLACHAR : We d on 't h ave enough time. MA YOR ROS ENFIE L D: That is what I'm asking . MR. WEISS : Wha t is t h e tim e, Michael ? MR. POPOK : Let me wrap it into an a ns wer . T he y have u nti l th e 1 4th of May to fi le a notice of appea l, which is just a one page notice . It doesn't require th em to e xp end a lot of money . I 'm predicting t he y ar e pr obably go ing to do it . Whethe r they actually pros e cu te the appea l , f ile th e briefs and every th ing else t hat is required by t h e court , tha t is a different story. For every lit iga nt that f ile s a notice o f appeal, a very small percentage actually p ros ec u te thei r appeal . But I expect that by May 14th , th ey wi ll fi l e a no t ice of appeal . We have until May 1 4 th with th e tr i al court judge to go for costs r e la ted to the trial. We would no t be ab le to rev i sit tha t issue depen ding upon what happened in t h e appeal . TAYLOR REESE AND ASSOC IAT ES , I NC. (305) 44 4-7331 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 13 Now , if t here was an appeal and we prevailed on the appeal, the r e is appellate costs that we mig ht be able to go for, bu t these trial costs wou l d be los t un l ess we moved on May 1 4th to recover them . Something that the counci l s h ou l d consider, though, besides spending dol lars to recover dol l ars is --I mea n , there is always a possibility that we could try to trade an appea l for th e costs. It 's not that big of an amount of mon ey , b ut they may be inclined to walk away from an appeal rather t han have t o pay anyth in g . MAYOR ROSENFI ELD : How do we p hr ase that? MR. PO POK : We could fi le a mo t io n to au th o riz e me to discuss with opposing counsel. MR . WEISS: By the time we f iled the mot i on, we spent money . MR . POPOK : T ha t is true. I have time between n ow and May 14 t h to h ave a discussion with them. them. do it . MR . WEISS: We cou ld have a discussion with MR . P OPOK: But I ha v e to be au t horized to MAYOR ROSEN FI ELD: So yo u have th e TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 16 1 7 18 19 20 21 22 23 24 25 14 discussion, and if they agree to i t , then we drop eve r ything; is that cor r ec t ? MR . POPOK : Rig h t . MAYOR ROSENFIELD : I f t h ey don 't agree to it, we ca n still pursue it . MR. WEI SS : Understand also t h at th e issue rega r ding Joe l 's --the real --what I thin k this case should have been about , which was Joe l's residency , that issue is gone , do n e . because he resigned . It 's moot COUNCILMAN P ACKER : It 's finished . It is done . MR . WEISS : even hear t hat . Which mea n s the court wou l d n't The only issue we are ta l k in g about is the issue I wish we h ad never had to litigate , which was t he issue of challenging the village 's charter. f iled So the appeal tha t would be MAYOR ROS E NFIE LD : Wo u ld sti ll be cha ll enging . MR . WEISS : T he only issue t hat they cou l d appeal is the judge 's ru l ing that you had the r ig ht to appoint Jaime . T hat i s the only issue t h a t i s rea ll y a r ound. MR . POPO K : Co rr ec t . TAYLOR REES E 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 MR . WEISS: So, you know , t her e is some and I don 't know at t his point whether they are going to pu rsue that or not . 1 5 COUNCILMAN PACKE R: They will probably not. It sounds to me l i ke everything is finished and closed. I t hin k if yo u have t he power to speak to them wit hin the next two week period or whatever the period is , I thin k that probably they would MR . WEISS: Okay . Le t 's assume f or a moment tha t Michael cal l s and says we had an executive session. I can't tell you what happened in the executive sess io n because it's confidentia l. By t he way , what happens here is confident i al . You should not talk to anybody about what happened here . It is privileged , attorney priv i leged conversation . And the counci l wanted to know really whether you intend on filin g an appeal , and if you don't in tend on f i ling an appeal, then the counci l i s really not inclined to go after you for costs. Now on the other hand , because I can 't me et with you again quick ly , let 's assume they say, we a re going to file an appeal , does that c h ange you r 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 16 view on going after th em for these cos t s. COUNCI L MA N PACKER: If we are going to incur a lot more costs now, it should be told them, l ook --it 's basically a moot issue as far as I 'm concerned. The thi ng is all set and done. MR . WEISS: Th e ques t ion i s whether in t heir view i t is . Again, wi t h res pect t o the appea l , again, the amount of costs that we are talking about vers u s fee s , it's importan t to separate them. costs are re ally minor in this. The costs are The minor, b u t if they file an appea l , you are lo oking at another 20, $30 ,000 worth of l egal expenses on our part defending the appeal . ASSISTANT MAYOR BL ACHAR : Wh at do you t hink we s h ou l d do? MR. WE ISS : What do I think you should do? I think purely if this was a private client o n an economic basis, you would not spend $3,0 00 to get $3,000 . You wouldn 't do i t. The judge also sor t of they sometimes kno ck out certa in t h ings. T his i s not an economic wh at I would do is I would see if they agree t o not f il e an appeal in exc h ange for the cos t s. would tr y t h at . TAYLOR RE ES E AND ASSOC I ATE S, I NC. (305) 444-7331 I 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 14 15 16 1 7 18 19 20 21 22 23 24 25 good . ASSIS TANT MAYOR BLACHAR: CO UNCILMAN PACKER : Yes . MAYOR ROSENF I ELD : Yes. 17 I th i nk tha t is MR . WEISS: The issue that you have to decide wh ich th e mayor --I was going to call yo u t he v i ce mayor --wh i ch the ma yor ra i sed is whe th er you want to send a message, whether by going after them for these fees there is a message to be s e nt. And the quest ion is if they decide to fi le an appeal, do you then want to go after th em . ASSIS TAN T MAYOR BLACHAR : they file the appeal . I think so , if MR. POPOK : That is t he direction I need . If he says to me , I 'l l get back to you , I give him a dea dli ne to give us enough time to file it , le t's say t h e firs t week in May, and he says, no, t h ey are going forward an d fi le the notice of appeal , t hen I need directio n. ASS I STANT MAYOR BLA CHAR : Then we hav e no t h i ng to lose , because the cos t s could be greater later on a l so wi th the appeal . COUNCILMA N PACKER: Bu t it 's going to cos t the vi ll age $20 ,000 . TAY LOR REES E AND ASSOCI ATES, I NC. (305) 444-733 1 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 15 16 17 18 1 9 20 2 1 22 23 24 25 18 ASSISTANT MAYOR BLACHAR : No, no , no. That is not what he said . For the appeal . F or the appeal . MR . WEISS : For the appea l. I f they file an appeal , just so you know -- COUNCILMAN PACK E R : We have to answer it . MR . WEISS: They are challenging the char t er . We are back to where we were, unfor tunately , which i s just defending the charter , which is unfor tunate, bu t we have to fi l e a brief . They wi ll have to fi l e a br i ef . We will have to fi l e a reply brief . We are going to have to go through the transcript . There is a l ot of work to be done . ASSISTANT MAYOR BLACHAR : Then there i s going to be a lot o f costs . It's unfortunate . I r eally MR . WEISS : hope they listen . I hope you are ri ght , Mar tin . I hope you are right, it 's done , it 's finished. COUNC IL MAN PACKER : T o me , i t 's the most l ogical thing . ASSISTANT MAYOR BLACHAR : I don't know if they a r e go ing to t hin k that, so you have to do . Who is their lawye r, by th e way? MR . POPOK : Well , they have two . TAYLO R 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 1 8 19 20 21 22 23 24 25 . ASSISTANT MAYOR BLACHAR : Are they individuals that are residents of Bal Harbour? MR . POPOK : Dina Cellini has appeared as a 1 9 lawyer for Ms . B l och-Mul l en personally . T hen Bill Hearon kind of came in a t the last minute to be t he tr ia l lawyer. MR . WE I SS : They had Kenda ll Coffey 's firm. A guy named Mark Journey . MR . POPOK : Mark Journey ~s kind of the day-to-day . MR . WE I SS : He 's wor k ing on it , and then t he y brought it Bill Hearon sort of at the last minute to I don 't know. MR . POPOK : Try the case . MR . WE I SS : To try the case . AS SI STANT MAYOR BLACHAR : So it is costing them money . MR . WEI SS : I don't really know . ASSISTANT MA YOR BLACHAR : Who is Bil l Hearon? MR . WE I SS: First of al l , I think they pa i d Mark Journey . MR . POPOK : They did, yes . MR . WEISS : I don 't know what they paid him , but that cost them money . I don 't k now TAY LOR REESE AND ASSOCIATES , INC . (305) 444 -733 1 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 20 whether t h e Bill. Hearon rep resen tat io n is a courtesy, is being done as a cour t esy to some member of the group or whether he's actually being paid. You don 't know, do you? MR . POPOK : No . My guess is he came in with some arrangement becaus e Mark J ou rney 's firm was not ge t ting paid, and they brought him i n at some reduced rate . ASSISTANT MAYOR B L ACH AR : So who do you speak to at thi s point now? MR . POPOK: I speak to all of them. I 'm cordial with both Bill and Mark . I think Bill is the king ma ke r for this dec isi on-mak ing. MAYOR ROSENFIELD: Can we then make that as a recommendation that we do no t go fo r the charges unless there is an appeal, and you tal k to them about the appeal, and if the re is an appeal, then we will go for the charges? MR . POPOK : appeal. If he te l ls me th ere is an MAYOR ROSENFIELD: If he tells you. MR . POPOK : Beca use it is due t he same day . ASS I STANT MAYOR BLACHAR: That would be your advice anyway, right? MR. WEISS: Aga in , the point is i t 's not -- TAYLOR REESE AN D ASSOC IATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 1 5 1 6 17 18 19 20 21 22 23 24 25 21 even if they fi le an appeal , this issue of going after these costs, do we go af t er them now or we wait until t he appeal is final iz ed? Do you go a fte r them at trial and then do you go af t er them in the appea l ? Is it two steps? MR. POPOK: You ar e entitled to appellate costs but tha t i s another MR. WEISS: MR. POPO K: You do i t l ater . You do it late r . MR. WEISS : Whe ther t hey f il e the appeal or don't file the appea l , t he economic issue is the same, which is it's j ust basically going to be a wash , but the fact t hat we could go against cos t s could be somewha t of a de te rrent to doing i t, but , again , this is not something where the village is go ing to end up wi th a l ot o f mon ey . It 's not . ASSISTANT MAYOR BLACHAR : It 's jus t to use as a bargaining ch ip . MR. POPOK : Yes. Okay . MR . WEISS : Is everybody c l ear on what we are doing? We are bas i cally saying t o them , li s t en, we h ave had an execu ti ve session. The way we have to say it i s the villag e has authorized us to go and file to recover our costs u n le ss you ag r ee no t t o TAY LOR REESE AND ASSOCIATES, I NC . (3 05 ) 4 44 -7331 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 1 6 17 1 8 19 20 21 22 23 24 25 appea l. That i s t he way it wou l d be done . ASS I STAN T MAYOR BLACHAR : Would you get that in writing with them or a handshake? MR . POPOK : It gets confirmed. ASSISTANT MAYOR BLACHAR: I 'm just asking . MR. WE I SS: Everything gets confirmed . MR . POPOK: It depends on wh o I am dealing with or the type of case , but , no , I get this in writing . 22 MR. WE ISS : We can say i t another way. The village decided that this shou ld be over and we should not go against you for costs unless you file an appeal . I think that is probably a more positive way to do that . MR . POPOK : Right. MR . WEISS : So, listen , hopefully we are done with th is, and this is the l as t executive session. I have to tell you because we are al l owed to ta l k; I feel very badly t hat the village had to spend this money on th i s, and I wi ll tell you that in the no r ma l c i rcumstance, the v ill age would not have spent one d i me on this, not one cent . We have been invo l ved in dozens of challenges where one candidate has challenged the TAYLOR REESE AND ASSOC I ATES, I NC . (305) 444-733 1 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 23 qua l i f icatio n s of another candida t e and the gove rn ment i nvo l ved has not been invo l ved. You know, if you l i ved in Dade County long enough , t his one didn't l i ve in this district, and all of those kinds of things, and the government is not involved except sort of monitoring the case and t h e expense on the government's part i s almost nonex i stent. don 't I wi sh this had gone that way because we you know, we have bee n here a l ong time . We don 't real l y --the fact tha t we spent all this money on this case is not --we don't view it as a positive, b ut tha t is just the way i t went. So, hopefu lly , this i ssue ASSISTANT MAYOR BLACHAR : I would like just one more question . I kno w you have to l eave , and I know it's really limited to what was before us, but can we just mention for one second about Patty? Are we a l lowed to mention that at all? MR . WEISS: No . You a l ready mentioned it , but you can't talk about it. MAYOR ROSENFIE L D : I wi l l now reopen the public meeting . The a t torney/cl ie nt session has now been term i nated and members of the gene ra l publi c a re now in v it ed to return for any further TAY LO R REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 proceeding or matters . (Thereupon , the proceedin g s were conc l ude d at 9:25 a.m .) C E R T I F I C A T E 10 1 1 I , Mary G . Stephenson, FPR, State of Flori da at 12 La rg e , certify that I was authori zed to and did 13 stenographically report the forego i ng proceedings and 1 4 that the transcr i p t is a true and complete record of my 1 5 stenograp h ic notes . 16 17 18 19 Dated this 12th day of May, 2009 . 20 21 _ _\ / Ma·t 22 23 24 25 TAYLOR REE SE AND ASSOCIATE S , I NC . (305) 4 44-7331 24