HomeMy Public PortalAboutTranscript for 12/4/15I
Page: 103
1 CASE NO.: 50 2013 CA 16864 AB
2
3
4 CHRISTOPHER O'HARE
5 vs. GyIGII"�L
6 TOWN OF GULF STREAM,
7
8
9
10 TOWN OF GULF STREAM
CODE ENFORCEMENT HEARING
11
12
13
14
15 Gulf Stream, Florida
Friday, December 4, 2015
16 1:30 p.m. - 4:16 p.m.
17
18
19
20
21
22
23
24
25
Florida Court Reporting
(561)689-0999
I
APPEARANCES:
2
3
LOUIS ROEDER, III, ESQUIRE
7414 Sparkling Lake Road
4
Orlando, Florida 33483
407.758.4194
5
6
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 South Flagler Drive, Suite 110
7
West Palm Beach, Florida 33401
jrandolph@jonesfoster.com
8
561.659.3000
BY: JOHN C. RANDOLPH, ESQUIRE
9
10
Also present: Gary M. Brandenburg/Special
Magistrate
Rita Taylor/Town Clerk
11
12
13
14
I N D E X
15
16
WITNESS EXAMINATION
PAGE
17
WILLIAM THRASHER
18
Direct (cont) by Mr. Roeder
105
19
Cross by Mr. Randolph
190
20
21
EXHIBITS FOR IDENTIFICATION
PAGE
22
Respondent's Exhibit No. 5
106
(2010 Building Code)
23
24
Respondent's Exhibit No. 6
109
(Notice of violation dated November 5)
25
Florida Court Reporting
(561) 689-0999
C
1
EXHIBITS FOR
IDENTIFICATION
2
Respondent's
Exhibit No.
7
(Response to
public records
request)
3
4
Respondent's
Exhibit No.
8
(Town Code)
5
6
Respondent's
Exhibit No.
9
(Article 7 of the Town Code)
7
8
Respondent's
Exhibit No.
10
(Map)
9
10
Respondent's
Exhibit No.
11
(Black and white style card)
11
12
Respondent's
Exhibit No.
12
(Color style
card)
13
14
Respondent's
Exhibit No.
13
(Google picture)
is
16
Respondent's
Exhibit No.
14
(Fax dated 10-23-12)
17
18
Respondent's
Exhibit No.
15
(Comparison)
19
20
Respondent's
Exhibit No.
16
(Letter dated 12-27-12)
21
22
Respondent's
Exhibit No.
17
(Letter dated
9-18-15)
23
24
Respondent's
Exhibit No.
18
(Amended response)
25
Florida Court Reporting
(561) 689-0999
PAGE
115
118
124
125
135
135
136
138
I
173
175
179
1 The Town of Gulf Stream Code Enforcement Hearing
2 was taken before me, Gina Grant, Notary Public, State of
3 Florida at Large, at 100 Sea Road, in the City of Gulf
4 Stream, County of Palm Beach, State of Florida,
5 beginning at the hour of 1:30 p.m., on Friday, December
6 4, 2015, as follows, to wit:
7 - - -
8 SPECIAL MAGISTRATE: I remind you you're
9 still under oath.
10 THE WITNESS: Yes, sir.
11 SPECIAL MAGISTRATE: Thank you.
12 DIRECT EXAMINATION (CONTINUED)
13 BY MR. ROEDER:
14 Q I believe we heard from Mr. Tobias, and he
15 said the City did follow the Florida Building Code.
16 Does the Town follow the Florida Building Code?
17 A It's not -- no, I'm not -- no. I mean, we
18 may follow it based on the direction of Delray
19 Beach.
20 Q Okay. Are you aware of the provisions for
21 abandonment underneath the Florida Building Code?
22 A No, I'm not.
23 MR. ROEDER: John, you did reference the
24 Florida Building Code, but you didn't submit
25 an actual exhibit, did you?
Florida Court Reporting
(561) 689-0999
1 MR. RANDOLPH: That's right. Mr. Tobias
2 read from the Florida Building Code when he
3 testified.
4 MR. ROEDER: This would be our --
5 SPECIAL MAGISTRATE: Five.
6 MR. ROEDER: Here you go, John.
7 BY MR. ROEDER:
8 Q You mentioned abandonment in your notice
9 of violation, and then Mr. Tobias mentioned this one
10 as covering abandonment in the Florida Building
11 Code. He referenced, I believe, 105.4.1.3. Can you
12 look at that?
13 A I'm looking at a document. It's a 2010
14 Florida Building Code that has the Section 105.4,
15 Subsections 4.1.3.
16 Q Thank you for authenticating that for me.
17 You saved me a lot of trouble.
18 Can you read 105.4.1.3?
19 A "Work shall be considered to be in active
20 progress when the permit has received an approved
21 inspection within 180 days. This provision shall
22 not be applicable in case of civil commotion or
23 strike or when the building work is halted due
24 directly to judicial injunction, order, or similar
25 process."
Florida Court Reporting
(561) 689-0999
1 Q Can I ask you what your opinion is of the
2 -- what you think the second sentence of 105.4.1.3
3 says in layman's terms?
4 A That this provision, as outlined, is not
5 applicable in regards to those events listed.
6 Q So saying that, would you say that
7 Mr. O'Hare's continued litigation actually qualifies
8 as judicial injunction, order, or similar process?
9 A I have no opinion on that.
10 Q Okay. Who would have an opinion as far as
11 the Town is concerned?
12 A Sounds like a legal question. I would not
13 render an opinion.
14 MR. ROEDER: Let's see. I have another
is exhibit.
16 SPECIAL MAGISTRATE: Mr. Randolph, any
17 objection to the admission of R5?
18 MR. RANDOLPH: No.
19 SPECIAL MAGISTRATE: It's admitted.
20 (Respondent's Exhibit No. 5.)
21 MR. ROEDER: I have another exhibit. I
22 think this would be R6; is that correct?
23 SPECIAL MAGISTRATE: Yes, sir.
24 MR. RANDOLPH: Was this one already put
25 1 in?
Florida Court Reporting
(561) 689-0999
Page: 108
1 MR. ROEDER: I don't think so. If they
2 have, I don't recall it.
3 MR. RANDOLPH: It's in regard to plants?
4 MR. ROEDER: Yeah. I just want to address
5 a certain part of it. Is it okay?
6 MR. RANDOLPH: It's okay to show it to
7 him. I don't know how it's relevant.
8 BY MR. ROEDER:
9 Q Can you identify that letter for me?
10 A It is a notice of violation dated -- a
11 letter, notice of violation, dated November 5th,
12 2012, to Christopher and Shelley O'Hare, signed by
13 me, by the town manager.
14 Q And can you tell me what the first
15 paragraph there addresses?
16 A Expired reroofing Permit 11-135-146.
17 MR. ROEDER: Is it okay to submit it into
18 evidence, John? You said it addressed
19 landscaping. It does, but there's a paragraph
20 addressing the permit.
21 MR. RANDOLPH: I suppose. Just maybe if
22 you can just ask him the question, you're fine.
23 BY MR. ROEDER:
24 Q In there, do you cite the Florida Building
251 Code?
Florida Court Reporting
(561)689-0999
Page: 109
1 A I reference the Florida Building Code, the
2 same section.
3 Q The same building code. The same section
4 you said you knew nothing about?
5 A Yes.
6 Q And what are you saying there?
7 A Would you like me to read the second
8 sentence of the first --
9 Q You can read, if you want. I'm just
10 asking you. What are you saying there?
11 A I'd prefer to read it.
12 Q Go ahead.
13 A Florida Building Code, Section 105.4.1.3,
14 states that work shall be considered to be in active
15 progress when the permit has received an approved
16 inspection within 180 days. The last roof
17 inspection was April 26th, 2012.
18 Q So you're saying this, if I'm
19 understanding correctly, which I don't want to put
20 words in your mouth, but you're saying as long as
21 there's inspection within 180 days, the building
22 permit is still valid, correct?
23 A I would read, again, to you the sentence.
24 Q Okay. When did you -- date the last roof
25 inspection was?
Florida Court Reporting
(561)689-0999
1 A I don't remember right now.
2 Q Can't remember what you just read?
3 A That would be something -- information I
4 would have obtained from the Delray Beach building
5 official.
6 Q Okay.
7 A I rely on him for that information.
8 MR. ROEDER: I think that's all my
9 questions. Is it okay?
10 MR. RANDOLPH: I have no objection.
11 SPECIAL MAGISTRATE: Okay. We'll
12 admit R6.
13 (Respondent's Exhibit No. 6.)
14 MR. ROEDER: And before we get too far
is afield of it, one of my questions in the
16 earlier session this morning had to do with a
17 certain state statute. We had the secretary
18 fax over that section so we could quote it and
19 introduce it to the Court. Is it okay if we
20 check and see if it's arrived?
21 SPECIAL MAGISTRATE: Yes, you can. And
22 while you're at it, you also mentioned in your
23 introduction that there was a section of the
24 City's code, 71872, Subnote 1. You have not
25 provided me a copy of that.
Florida Court Reporting
(561)689-0999
1
MR. ROEDER: We didn't know they were
2
going to address it. They have one in their
3
code, the same section, but they modified it.
4
They do have an ordinance that they use to
s
amend it. We did send a subpoena duces tecum
6
to Mr. Thrasher, any documents he may have
7
related to this issue to bring. We see no
8
documents produced. It would be very easy to
9
ask him if he can just produce a document.
10
It's a town record. He could go and find it in
11
two minutes.
12
SPECIAL MAGISTRATE: Well, it's a part of
13
your case, sir. If you want to produce it,
14
that's fine. I'm just suggesting that it
is
hasn't been produced to me. I can't take it
16
into consideration if I don't have it.
17
MR. ROEDER: Okay. Can we then ask the --
181 BY MR. ROEDER:
19 Q Mr. Thrasher, have you brought the
20 documents pursuant to the subpoena duces tecum?
21 A I brought the documents in regards to our
22 case, and Mr. Randolph has those.
23 SPECIAL MAGISTRATE: Okay. The question
24 is: Can anyone produce a copy of the former
25 provisions of your code that this gentleman
Florida Court Reporting
(561)689-0999
1
referenced that contains a note that he
2
believes
is relevant to his case? Can we do
3
that?
4
MR.
RANDOLPH: Rita, can you find that?
5
TOWN CLERK: Yeah. Maybe not in five
6
minutes,
but I can find it.
7
MR.
RANDOLPH: Okay.
8
THE
WITNESS: I cannot.
9
MR.
O'HARE: If I might add. The
to
official
--
11
SPECIAL MAGISTRATE: No, sir. No, I don't
12
want you
adding anything. So what we're going
13
to do is
either sometime during today, or if,
14
you know,
today ends, we end the case, you're
15
going to
send that to me afterwards. All
16
right?
17
MR.
ROEDER: Yes, sir.
18
SPECIAL MAGISTRATE: Agreed?
19
MR.
RANDOLPH: But I might have a
20 shortcut.
21 SPECIAL MAGISTRATE: Mr. Randolph, you
22 agree with that?
23 MR. RANDOLPH: Yes.
24 SPECIAL MAGISTRATE: Here we go. Okay.
25 Let's go on with this witness.
Florida Court Reporting
(561)689-0999
Page: 114
1 MR. ROEDER: Your Honor, that's Exhibit
2 T10, which has already been provided by the
3 City.
4
SPECIAL MAGISTRATE:
Okay. Is it part of
5
the appellate briefs is what you're saying?
6
MR. ROEDER: Yes.
7
SPECIAL MAGISTRATE:
Okay. Where in the
8
appellate brief and which appellate brief?
9
MR. ROEDER: It is in
the one -- Case
10
4D13-0621. It's Exhibit
10.
11
SPECIAL MAGISTRATE:
Okay.
12
MR. ROEDER: It's page 19.
13
SPECIAL MAGISTRATE:
Of which document?
14
There's a whole bunch of
documents up here.
15
MR. ROEDER: Oh, what
I was given. I was
16
just given a title sheet
and the actual amended
17
petition for writ of cert.
I think he kept the
18
appendix. I didn't even
see that.
19
SPECIAL MAGISTRATE:
Well, you admitted
20
the appendix.
21
MR. ROEDER: He did.
It was a Town.
22
SPECIAL MAGISTRATE:
Okay. So you're
23
saying it's on page 10 of
the amended petition?
24
MR. ROEDER: It's on
page 19.
25
SPECIAL MAGISTRATE:
Nineteen. Very good.
Florida Court Reporting
(561) 689-0999
Page: 115
1 I'll make a notation of that so I can take a
2 look at it.
3 MR. ROEDER: Just to explain: What that
4 is there on page 19 is the changes they made.
5 They got them redlined. So you can see the
6 original. In the meantime, that at least will
7 give you -- by reading it and taking out the
8 additions and putting back in the deletions,
9 you'll know what the original ordinance says.
10 SPECIAL MAGISTRATE: Very good. Thank
11 you, sir.
12 MR. ROEDER: Okay. I have here what
13 should be R7.
14 (Respondent's Exhibit No. 7.)
15 BY MR. ROEDER:
16 Q Can you describe that to me?
17 A This is a response to a public records
18 request from Chris O'Hare. I believe the request
19 was dated today, December 14th, 2015. And we have
20 -- this is a response to that public records
21 request.
22 Q Okay. What's the subject matter of the
23 public records request? The documents being sought?
24 A The complaint or it's got "complaints."
25 "What complaints have been received by the Town in
Florida Court Reporting
(561)689-0999
1 regard to the roof currently under construction at
2 2520 Avenue Au Soleil. May I have this record to
3 present to the special magistrate at the hearing in
4 progress?"
5 Q And what was the response, near the
6 bottom?
7 A "The Town of Gulf Steam has received your
8 paid public records request dated December 4th,
9 2015. Your original request -- records request can
10 be found at the following link" -- which is the
11 Town's website. "Please refer to the reference
12 number above with any future correspondence. Please
13 be advised that there are no such records. All
14 complaints were verbal. We consider this matter
151 closed."
16 MR. ROEDER: Is it okay, John?
17 MR. RANDOLPH: Yes.
18 MR. O'HARE: This is very difficult, Your
19 Honor. I want to know if he got the verbal
20 complaints or who got them?
21 BY MR. ROEDER:
22 Q I think Mr. Randolph is the one who said
23 you had a lot of verbal complaints. Are you aware
24 of any verbal complaints? Mr. Randolph previously
25 said you had complaints. Are you aware of any
Florida Court Reporting
(561) 689-0999
Page: 117
11 complaints at all?
2
A
I am aware of some complaints, yes.
3
Q
Were they all verbal?
4
A
To the best of my knowledge,
they were all
5
verbal.
6
Q
Do you remember who made the
complaints?
7
A
No. Not at this setting.
8
Q
Have they been recent, or are
they just --
9
what were
the timing of the complaints?
10
A
The complaints are -- have --
to my
11
knowledge
have not been real recent in
the scope of
12
30 days,
but various times.
13
MR. ROEDER: Okay. Just one
second, Your
14 Honor.
15 BY MR. ROEDER:
16 Q You said these complaints were all verbal.
17 Were they by the phone, or were they face-to-face?
18 A To the best of my recollection, they were
19 verbal, telephone -- telephone.
20 Q They were by telephone. So none of them
21 were face-to-face? Do you have a phone log when
22 somebody calls you to make a complaint?
23 A No, I don't.
24 Q So you have no way of us knowing who's
25 been making the complaints? Just that a lot of
Florida Court Reporting
(561)689-0999
C
11 complaints were made verbally?
2
A
That's it, yes.
3
Q
You said you had no log. Have you ever
4
had a log?
SPECIAL MAGISTRATE:
5
A
Not a telephone log that I recall. I have
6
a -- I used
to keep a notebook that says to file or
7
forward to
the file. In some instances there were
8
telephone
conversations that are recorded, not
9
primarily
for the purpose of justifying certain
10
actions that
I may or may not take. Generally.
11
Because of
all of the challenges and workload, that
12
log has --
I haven't recorded to it in quite a
13 1 while.
14
MR. ROEDER:
Okay. Judge, can we take a
15
brief five-minute
recess?
16
SPECIAL MAGISTRATE:
Sure.
17
MR. RANDOLPH:
May I
ask you a question?
18
I know you want to
take Mr. Tobias next. I
19
told him 2:30, but
if you're
getting towards
20
the end of your testimony,
shall I call him
21 1 now?
22 MR. ROEDER: No. We're still not near the
23 end. If we can just take a recess and continue
24 up with Mr. Thrasher, that would be best.
25 SPECIAL MAGISTRATE: Five minutes.
Florida Court Reporting
(561)689-0999
Paee: 119
1 (Brief recess.)
2 SPECIAL MAGISTRATE: We'll resume the
3 hearing now, please.
4 MR. ROEDER: I have another exhibit. Just
5 to clarify, John submitted an exhibit for 7238,
6 and it was submitted as Town's 3-3 or 3, one of
7 the 3's. We'll put it as 3-B. It doesn't show
8 that it's actually -- what division it's under
9 in the code, and I think that's real important
10 when we make our case, so I would like to
11 resubmit it.
12 SPECIAL MAGISTRATE: Very good. It will
13
be
R8.
14
MR. RANDOLPH:
No objection. Can I take a
15
look
at it?
16
MR. ROEDER: Yes. Okay. Thank you.
17
(Respondent's
Exhibit No. 8.)
18
BY MR. ROEDER:
19
Q
In your notice
of violation, you cite
20
Mr. O'Hare
for violating
Section 70-238. So before
21
I get to
questions, can
I have you take a look at
22
what the
document is in
front of you and tell me
23
what you
think it is?
24
A
It's our code,
current code.
25
Q
Thank you. I
applaud you for your
Florida Court Reporting
(561)689-0999
r
i
I thoroughness. Actually checking through the code.
2 Thank you very much. Appreciate that.
3 You cited Mr. O'Hare with violation of
4 70-238. Can you tell me specifically which part of
5 238 you're referring to?
6 THE WITNESS: Could I see our order?
7 MR. RANDOLPH: You want to see the notice
8 of violation?
9 THE WITNESS: I want to see -- yes.
10 MR. RANDOLPH: He wants to see the notice
11 of violation. It's a composite exhibit. And
12 then August 4th is the first page on it.
13 SPECIAL MAGISTRATE: T2. Right here.
14 THE WITNESS: The section of the code,
15 70-238(a).
16 BY MR. ROEDER:
17 Q What specific wording? What's in the
is violation of the code?
19 A It says: "Required, flat, white through
20 and through, smooth, uncoated tile and gray
21 slate -like tile" -- I'm sorry. That is not our
22 code.
23
Q I'm
looking at your --
what
the Town
24
submitted and
what we submitted
is the
exact same
25
thing, just a
different format.
And,
actually,
Florida Court Reporting
(561)689-0999
11 that's off your
2
A May I read yours and then I'll read ours.
3
SPECIAL MAGISTRATE: Okay. Can you tell
4
me why you think that's not the code?
5
THE WITNESS: The first sentence says:
6
"Flat, white through and through, smooth,
7
uncoated tile and gray slate tile." Okay. No.
8
I stand corrected. It is.
9
SPECIAL MAGISTRATE: Okay. So we're --
10
THE WITNESS: We're in agreement.
11
SPECIAL MAGISTRATE: We're in agreement
12
that that is the City code?
13
THE WITNESS: Yes. Yes.
14
SPECIAL MAGISTRATE: And he's asked you
15
what portions of paragraph (a) are applicable
16
to your violation.
17
THE WITNESS: And I began reading: "Flat,
18
white through and through, smooth, uncoated
19
tile and gray slate tile may be permitted on
20
homes that are predominantly Georgian or
21
British Colonial with Bermuda influences."
221 BY MR. ROEDER:
23
Q
So why does that
make
him in violation?
24
A
Well, his roof is
not
tile. His roof
25
material
is an underlayment
of
some type unknown to
Florida Court Reporting
(561)689-0999
3LL
2 Q Well, is his home Georgian?
3 A His home is predominantly Gulf Stream
4 Bermuda.
s Q Okay. Have you reread that again? It
6 doesn't say permitted on homes that are
7 predominantly Gulf Stream Bermuda. It says
8 permitted on homes that are Georgian or Colonial.
9 A With Bermuda influences.
10 Q With Bermuda influences. So do you know
11 what Georgian is?
12 A I'm sorry?
13 Q Do you know what Georgian style is?
14 A Similar to Bermuda. I don't know the
1s characteristics at this time.
16 Q Do you know what British Colonial is?
17 A It's similar to Bermuda.
18 Q How do you know that his home is -- you
19 said predominantly Bermuda. How do you know it's
20 predominantly Bermuda?
21 A It has in our history book dated in 1999
22 and identified as a Gulf Stream Bermuda style home
23 by the then planning and building administrator,
24 Chris Garrison. In addition, throughout Sections
25 70-236 and 244, there are elements in which -- exist
Florida Court Reporting
(561)689-0999
11 on Mr. O'Hare's present home.
2
Q
You just mentioned that in 1999 that's
3
when Bermuda was set for Mr. O'Hare's home?
4
A
There is an inventory stock in our book of
5
history
on homes that was -- the stock that was used
6
was Gulf
Stream Bermuda. And it was signed off on
7
by then
town planning and building administrator.
s
That's the
beginning of it.
9
Q
We'll get to that in a minute, but I just
10
want to
say 1999 you said it was marked.
11
A
I believe that's correct.
12
Q
You believe it's correct. Is there a page
13
in the
existing code
where it actually lays out a
14
map as
to what those
different styles were from
15
1999?
16 A I believe you're referring to the survey
17 map. It's an analysis of the types of homes that
is exist in the Town of Gulf Stream.
19 Q That's actually -- excuse me. Go ahead.
20 A They, as you have stated earlier, are
21 listed as Mediterranean, Gulf Stream Bermuda, and
22 other various.
23 Q There was a 100 -point system that was
24 derived, wasn't there?
25 A It refers to a 100 -point system. It was
Florida Court Reporting
(561)689-0999
Page: 124
1 not part of that generation.
2 MR. ROEDER: This would be R8?
3 SPECIAL MAGISTRATE: No. R9.
4 (Respondent's Exhibit No. 9.)
5 MR. ROEDER: R9. This is the entire
6 Article 7 of the Town Code. We'll be
7 referencing this. This is like a little
8 appendix. We'll be referencing it several
9 times during the questioning. It's printed
10 right off of the Town's code from the website.
11 MR. RANDOLPH: I have no objection.
12 BY MR. ROEDER:
13 Q If I could, I call your attention to
14 page 419. Can you look, please, at 70-208?
15 A Okay.
16 Q Is that the property survey you're talking
17 about?
18 A Yes.
19 Q Okay. What does the last line of the last
20 sentence of that say?
21 A Let me correct myself. The survey that
22 I'm referring to is page 70 -- I'm sorry -- page
23 1 420.
24
Q
We'll
get
to that.
25
A
But
what I
referred to was this map that
Florida Court Reporting
(561) 689-0999
Page: 125
1 you previously referred to.
2 Q Well, I'll get there. I'm just asking you
3 this text here. What does it refer to in the last
4 sentence?
5 A I'll read the last sentence: "These
6 homes, as well as those constructed after the date
7 of the survey and classified as having one of these
6 styles, will be subject to the standards contained
9 in this article when additions or rehabilitations
to are proposed."
11 Q I should have said read the sentence just
12 before that though.
13 A "The location of these homes are shown on
14 the map on the following page."
15 Q And that references, basically, the survey
16 done in 1997 and updated in 1999, which is what you
17 referred to, correct?
18 A Yes.
19 Q That's why you're referring to the next
20 page?
21 A Yes.
22 Q Now, you look at the next page. That's
23 black and white, correct?
24 A Yes.
25 Q Okay. I do have a color.
Florida Court Reporting
(561)689-0999
9
1 MR. ROEDER: Let me submit that as R-10.
2 MR. RANDOLPH: I don't need to see that.
3 It's the next page, right?
4 MR. ROEDER: Oh, you've got a color
5 version.
6 MR. RANDOLPH: No objection.
7 (Respondent's Exhibit No. 10.)
8 BY MR. ROEDER:
9
Q
Can you see Mr. O'Hare's home on that map?
10
A
I believe so.
11
Q
Can you tell me what style is designated
12
for Mr.
O'Hare's home?
13
A
This architectural style analysis or
14
survey identifies
it as other various styles.
15
Q
You just mentioned about five minutes
16
earlier
that it's shown in this map as Bermuda.
17
A
If I said that it was shown on this map as
1e
Bermuda,
I was in error. I said what appears in the
19
code, in
Sections 236 to 244, has architectural
20
elements
that exist on Mr. O'Hare's present home.
21
Q
But you said -- you actually said in your
22
testimony -- you said he was predominantly Bermuda
23 1 style.
24
A
Yes.
25
Q
You said because
of that you applied
Florida Court Reporting
(561)689-0999
Page: 126
11 Bermuda requirements to him.
2
A
That's correct. Yes. That's correct.
3
Q
But on the map, it's showing as other
4
various?
s
A
The map is incorrect.
6
Q
So you have a map in your code that's
7
incorrect?
It's never been corrected?
8
A
To my knowledge, it has not. In my
9
tenure,
I don't believe that it has. It is in the
10
process
of being updated. It's just a survey at a
11
point in
time. It doesn't dictate what the home
12
elements
or the architectural style is. The
13
elements
that exist on the home depict and dictate
14
what that
style of home is, not this color chart.
is
Q
So this is what you relied upon. You said
16
to come
to the conclusion that it was predominantly
17
Bermuda,
you were relying on this map.
18
A
No. I said that I relied first on the
19
stock that was used that was entitled "Gulf Stream
20
Bermuda"
that was written upon by the then Town
21
building
and -- the planning and building
22
administrator. That's where I start is this map.
23
Q
So where did you go from there in order to
24 come to the conclusion that it was Bermuda instead
25 of other various?
Florida Court Reporting
(561) 689-0999
Page: 128
1
A
Observation of the home and
the assistance
2
of our
consultant.
be in any changes to it,
3
Q
Basically, this map is part
of the code,
41 correct?
5
A
Yes.
6
Q
If there's to
be in any changes to it,
7
they have
to be done according
to the normal
8
procedure
for changing
the code?
9
A
Yes.
to
Q
So as far as
you're concerned, to this
11
date this
map is still
the code?
12
A
It is, but it
is incorrect. It needs to
13
be changed
and will be
changed in proper forums
14
through the
approval of
the Town commission.
15
Q
So in previous
depositions, you were
16
emphatic that the code
is the law. Do you remember
17 1 that?
18 A No, I don't.
19 Q Well, would you agree with that statement?
20 A I would say that it is local law. It's
21 the local direction. There are certain things that
22 prevail over it, but it is what I use for
23 administration.
24 Q So you use the code?
25 A I do.
Florida Court Reporting
(561)689-0999
Izy
1 Q And you're saying you relied on that map.
2 Now you're saying you relied on your observation --
3 A No. You know, I don't know if I am not
4 answering correctly. If I am not, I apologize. Or
5 whether you're misstating what I said. I said I
6 began with the map that was -- has a key stock of
7 Gulf Stream Bermuda that had a signature, and it was
e written upon by then Town planning and building
9 administrator. The log sheet, not the map. From
10 there, the actual inventorying of the elements --
11 the architectural elements that exist on the home
12 and that continues today.
13 Q Well, this map is part of the code that
14 has been codified, right?
15 A Yes.
16 Q So it is part of the code -- is what you
17 started with, you said?
18 A Nope. Never did say that. I said I
19 started with the inventory stock sheet, our
20 architectural survey books in the office. In there
21 is the 2520 Avenue Au Soleil. There is an inventory
22 sheet with the 100 -point system that you referred to
23 that is signed, and a note is written on that stock
24 by the previous administrator.
25 Q You mentioned a 100 -point survey that's in
Florida Court Reporting
(561)689-0999
Page: 130
1 the file. It's the style sheets.
2 A Yeah. It's the style sheets. I did not
3 generate those.
4 Q Do you recall -- we could get the public
5 records request here -- but do you recall a public
6 records request being made for the 100 -point grading
7 system for 2520 or any other home within Gulf
e Stream?
9
A
I remember the 2520. There was a public
10
records request for that sheet of paper, yes.
11
Q
You just mentioned -- help me to
12
understand here. I'm trying to follow.
13
A
Okay.
14
Q
Don't hit me too hard up on the words, but
15
I'm trying to understand it. If I relay wrong,
16
you'll
tell me.
17
A
Okay. That sounds fair.
19
Q
You start with the map and/or the style
19
sheets,
which are based on a 100 -point system.
20
A
Never said that. I start with the
21
inventory
sheet. That is the surveys that we have
22
of the
homes.
23
Q
Which you refer to as the 100 -point
24
product
of the 100 -point system.
25
A
You first referred to it. I was following
Florida Court Reporting
(561)689-0999
I up with it. Yes.
2 Q I have to read back on that one. It's
3 just the architectural style sheets that you refer
4 to?
5 A Yes.
6 Q Who did the style sheets?
7 A That one, I believe, was the previous --
8 that specific one was done by the previous
9 administrator, planning and building administrator.
10 Originally, those style sheets were created and
11 produced by the Urban Design Studios at that time.
12 Presently, they're called Urban Design Kilday
13 Studios, but the principles or seniors in that firm
14 actually did an inventory of the homes. Some of the
15 homes are missing that stock. Some have not been
16 identified. As I said, the map, the survey, will be
17 provided to the commission for consideration of
18 adoption.
19 Q Explain to me what's on the style card you
20 reference.
21 A Has the address. Has a heading to it.
22 2520 has a note written in longhand by the
23 administrator. It has elements, some type of
24 listings, to the right of the home.
25 Q Are there any numbers in there or any text
Florida Court Reporting
(561) 689-0999
11 or anything?
Page: 132
2
A
There's text. I don't recall any numbers.
3
I could be wrong.
4
Q
Now, the home before Mr. O'Hare had it had
5
a Spanish
tile roof?
6
A
I believe that's correct.
7
Q
How could you have a Bermuda style card
8
and allow
a homeowner to do a Spanish tile roof if
9
it's only
allowed on Spanish Mediterranean homes?
10
A
I didn't.
11
Q
I'm just asking how could you or how --
12
A
It should not be allowed.
13
Q
So if you looked at the style card --
14
we'll have
to get into that shortly -- which you
15
came away
with the result that it was Bermuda based
16
on looking
at the style card?
17
A
That was the initial starting point, and
18
then I did
my own inventory analysis. I came up
19
with a conclusion.
I then asked for an outside
20
consultant
to do his inventory, and a report was
21
provided to
me indicating that, generally, the
22
predominant
style of the home was -- calls for
231 Bermuda.
24
In
that written report
-- mine
was
not
25
written. In
a written report, it
lists
the
various
Florida Court Reporting
(561)689-0999
Pue: 133
1 architectural elements that exist on Mr. O'Hare's
2 home which aligned itself to the architectural style
3 of what Division 3, Gulf Stream Bermuda style,
4 identifies as Gulf Stream Bermuda style
5 architecture.
6 Q So you relied on the style card?
7 A Yes.
8 Q You relied on your own inventory?
9 A Yes.
10 Q And you relied on the request of a
11 consultant?
12 A Yes.
13 Q Who was the consultant?
14 A Marty Minor.
15 Q What did you ask him?
16 A I asked him to do that very thing. Would
17 you drive by, look at the home, determine what you
16 believe to be the architecture style of the home.
19 Q And based on that review, you came to the
20 conclusion it was predominantly Bermuda even though
21 it had Spanish tile?
22 A On those three elements, the answer is
23 yes.
24
Q
But as far as
the 100 -point
system
you did
25
not engage
a 100 -point
system similar
to what
the
Florida Court Reporting
(561)689-0999
1I original
Page: 134
2 A I've never modified any of those sheets.
3 I just know they exist. As a matter of practice, I
4 go there first. In some instances, it's helpful; in
5 others, it's not. The determination -- the primary
6 determination of the architectural style of the home
7 would be determined by the architectural elements
8 that exist on the home.
9 MR. ROEDER: Let me take a minute and get
10 a copy of the style cards for you.
11 Your Honor, I'm going to submit two
12 different exhibits that are the exact same
13 thing. One is black and white, and one is
14 color.
15 SPECIAL MAGISTRATE: All right.
16 MR. ROEDER: The reason why is because the
17 writing on the card shows up in black and
18 white. It doesn't show up in color, but there
19 are other indicators that show up in color we
20 like to see.
21 SPECIAL MAGISTRATE: Very good.
22 MR. ROEDER: So do you want me to do this
23 as composite?
24 SPECIAL MAGISTRATE: Just call them 11 and
25 12.
Florida Court Reporting
(561)689-0999
C
I
MR. ROEDER: I'll do the black and white
2
as
11 and the color as 12.
3
(Respondent's Exhibit Nos. 11 and 12.)
4
BY MR.
ROEDER:
5
Q
Can you look at R11?
6
A
R11? I'm sorry. Mine's not --
7
Q
It's the black and white one.
8
A
Okay. I got it.
9
Q
What's the style that's designated there
10
on the
style card?
11
A
Gulf Stream Bermuda style.
12
Q
Okay. And what does it say there when it
13
says "comments"?
14
A
"Reroofed, 11-99, similar -- similar tile,
i5
flat terracotta."
16
Q
Would you allow a flat terracotta on a
17
Bermuda
roof?
18
A
I would not have the authority to approve
19 such a thing.
20 Q Do you know that in 1999 the owners were
21 allowed to change their roof to basically --
22 actually, I've got a picture of it I can show you
23 here I'll bring up. And, actually, it was a
24 terracotta roof in 1999.
25 A This says: "Reroofed, similar tile."
Florida Court Reporting
(561) 689-0999
1
Q
Similar tile. Flat terracotta.
2
A
Yeah. It doesn't indicate it was changed.
3
Q
Well, that's when it was reroofed.
4
A
Says: "Reroofed, 11-99, similar tile."
5
Q
Gotcha. Do you see any of the point
6
systems
checked there?
7
A
I do not.
6
Q
So they didn't use the point system. The
9
photograph was taken when?
10
A
It's typed on as 11-22-99.
11
MR. ROEDER: And the exhibit here, this
12
would be R13.
13
SPECIAL MAGISTRATE: Thank you.
14
MR. RANDOLPH: Is this my copy?
15
MR. ROEDER: No. It's his.
16
(Respondent's Exhibit No. 13.)
17
MR. RANDOLPH: My only objection to these
is
would
be a relevancy objection, and I know
19
we're
not entertaining relevancy objections,
20
but
that's what I would state for the record.
21
SPECIAL MAGISTRATE: Overruled. Go ahead.
22
BY MR. ROEDER:
23
Q
What does that picture show?
24
A
This shows a Google picture. I guess
251 created by you or brought by you, May 2011.
Florida Court Reporting
(561) 689-0999
1 Copyrighted 2000 -- I can't read it. Maybe 113. It
2 shows the address to be 2520 Avenue Au Soleil, Gulf
3 Stream Bermuda or Gulf Stream Florida. I'm sorry.
4 Q So assuming Mr. O'Hare bought the home --
5 I think it was in the summer of 2011 or early spring
6 of 2011. This would be the roof on the house before
7 it was removed?
8 A Assuming that, I would say that's correct,
9 1 yes.
10
Q And it shows a barrel tile?
11
A It appears to be barrel tile, yes.
12
Q And that is not commonly used on a
13
Bermuda?
14
A No.
15
Q So you said the style sheets or the
map
16
was inaccurate, but you have Bermuda, and you
have
17
barrel tile roof on it. Why would you assume
18
something is Bermuda with a barrel tile roof,
19
especially since barrel tile is not allowed on
a
20
Bermuda? Why would you still go with the idea
that
21
it was a Bermuda home?
22
A I wouldn't rely just on this photo,
as I
23
said. I would look at the inventory stock and
make
24
my own determination and have it verified.
25
Q You said, basically, that you contacted
Florida Court Reporting
(561)689-0999
1 the consultant. Did your own basic inventory,
2 contacted Mr. Minor, and asked him what the
3 predominant style was on the home.
4 A Generally, that's correct, yes.
5 Q You can have it read back, if you want. I
6 just want to make sure that that's what you did.
7 A I can have what read back?
8 Q Do you want to hear that?
9 A No. I looked at the stock. I did my
10 inventory. I asked the consultant to do his and to
11 let me know what his findings were. That's what
12 happened.
13 MR. ROEDER: Okay. I will now submit the
14 next exhibit. I'm sorry. Where are we at?
15 SPECIAL MAGISTRATE: Fourteen.
16 (Respondent's Exhibit No. 14.)
17 BY MR. ROEDER:
18 Q Would you please describe what that is for
19
me.
20
A This is a fax. Looks
like it
was prepared
21
by Rita Taylor, dated 10-23-12.
She's
referencing
22
from William Thrasher, and it's
to you.
23
Q Just an interjection.
How do
you know it
24
was prepared by Rita?
25
A Typing. I don't know
that it
was -- it
Florida Court Reporting
(561)689-0999
Page: 139
1 was typed by Rita. And I typically don't do a lot
2 of faxing. She does.
3 Q She uses a typewriter to fill these out?
4 TOWN CLERK: Is there something wrong with
5 that?
6 SPECIAL MAGISTRATE: Excuse me. Let's
7 stay on topic and move this along, please.
8 BY MR. ROEDER:
9 Q Okay. Can you please turn to the second
10 page. I think you referenced -- you said a report.
11 This is just an e-mail. Can you please read the
12 e-mail from Marty Minor to you?
13 A To me that's a report. I'll read it, yes.
14 "Well, that's a horse of a different color. Yes. I
15 did, unfortunately, rely on Google for this. Here's
16 my description for your use. 2520 Avenue Au Soleil
17 incorporates various architectural styles, but the
18 predominant style is Gulf Stream Bermuda, consistent
19 with the descriptions found in Section 70-236
20 through 70-244. The home's simple, rectangular
21 layout, smooth stucco exterior, rectilinear windows
22 help identify its style. Although the existing
23 barrel tile roof uses nonpreferred materials, the
24 low pitch combination hip and gable style is a
25 strong characteristic of Gulf Stream Bermuda."
Florida Court Reporting
(561)689-0999
I Q Just before I forget, it's nonpreferred.
2 Was it actually a forbidden style or --
3 A Which?
4 Q The barrel tile.
5 A Barrel tile would be something I could not
6 approve. It's outside of my authority.
7 Q You would have to have some records in the
s Town archive showing that he had been approved for a
9 variance to have barrel tile?
10 A No. I couldn't address your question. I
11 don't know what happened there back then.
12 Q Okay. But he's telling you that the
13 predominant style is Bermuda based on, I think, its
14 six different characteristics or five different
15 characteristics?
16 A Yeah. And I think there's more to the
17 home than just these.
is Q But that's what he used to make the
19 recommendation to you in this e-mail, correct?
20 A You would have to ask him. I think so.
21 Q Okay. Can you please read your e-mail to
22 him? You had mentioned that you had asked him to
23 tell you what the predominant architectural style
24 was. Can you tell me what you asked him?
25 A Well, the next e-mail down is from me.
Florida Court Reporting
(561)689-0999
Page: 141
1 This is a chain of e-mails. The next one down from
2 the one I just read from is from me to Marty Minor.
3 It's referencing 2520 Avenue Au Soleil. And I said:
4 "Perhaps you used Google as I did. The house that
5 had the identifier on it is not the house in
6 question. It is the inside corner one with the red
7 terracotta roof. I am attaching a sheet for your
8 review that will indicate which is 2520. Also, if
9 you have to ride by, please do. Please identify all
10 elements that can be associated with Gulf Stream
11 Bermuda such as rectilinear features that may be
12 present. I need a listing of all such Gulf Stream
13 Bermuda characteristics."
14 Q So you never asked him for what the
15 predominant style was. You asked him to list what
16 was Gulf Stream Bermuda.
17 A Okay.
is Q Well, your testimony was that you asked
19 him -- I'm just trying get at your motivation here.
20 Your testimony was --
21 A Well, that's not the way to find out.
22 Q Excuse me. I'll ask the question.
23 A Sure.
24 Q I'm trying to get an understanding here.
25 I'm hearing you say one thing, and then I'm seeing
Florida Court Reporting
(561)689-0999
Page: 142
11 something else written on the exhibits.
2 I'm hearing you say you asked him for an
3 opinion on what the predominant style was, but when
4 you sent him this e-mail asking, you're asking list
5 for me what is Bermuda.
5 A I believe that this e-mail would be the
71 prevailing answer and the correct answer. It is
81 what it is.
9 Q If you want to know what the prevalent
to style was, why not ask him is it Bermuda or is it
11 Spanish or is it other various? Why ask him list
12 for me Bermuda characteristics?
13
A
I
don't know
the
answer
to your
question.
14
I guess
it's
because --
now
that I
think
about it --
15 I personally thought it was Gulf Stream Bermuda
1G after my survey, and that probably influenced the
17 language that I used in the e-mail.
18 Q So, actually, based on that photograph
19 that I provided you from Google, because that's the
20 way the home existed in 2011. And you said that you
21 relied on Google. You said you didn't rely on the
22 drive-by, but if you did, you would have seen --
23 A I have driven by the home several times.
24 Throughout the course of time, even Mr. O'Hare has
25 made Level I changes to his home that augment the
Florida Court Reporting
(561) 689-0999
I style of his home. I didn't disapprove it. I
2 actually approved his Level I application as it
3 relates to smooth stucco. He converted his home
4 from rough stucco to smooth stucco. He incorporated
5 colors that are found in the Gulf Stream Bermuda
6 color chart. He reinforced his rafter tails, and
7 they exist in the photos that are current. So he
8 did certain things himself to reinforce or augment
9 the actual architectural elements of his home.
10 Q You mentioned rafter tails.
11 A I believe the home has simulated rafter
12 1 tails, yes.
13 Q You're saying that reinforced the idea of
14 Bermuda?
15 A No. I believe I said that Mr. O'Hare
16 reinforced the rafter tails. If I remember the
17 permit, he used maybe 1 -by -1 or 2 -by -21s to install
18 near the rafter tails. I guess maybe to support
19 them. I really don't know, but I do remember a
20 permit like that. What his motivation was, I don't
21 know.
22 Q I would just like you to find for me
23 anywhere where rafter tails is mentioned in the code
24 other than under Spanish.
25 A I could be wrong. Section 70-238(a):
Florida Court Reporting
(561) 689-0999
I "Preferred, exposed rafter tails."
2 Q Oh, my mistake. Let me show you a
3 comparison we did. This will be R14?
4 SPECIAL MAGISTRATE: Fifteen.
5 MR. ROEDER: Fifteen?
6 (Respondent's Exhibit No. 15.)
7 MR. ROEDER: This is a comparison we put
e together. I would like Mr. Thrasher to review
9 it since he said he did his own survey.
to SPECIAL MAGISTRATE: Sir, are you
11 testifying, or are you going to ask him
12 questions?
13 MR. ROEDER: I was going to ask him
14 questions about this to see if it met his --
15 SPECIAL MAGISTRATE: Okay. Well, let's do
16 that then.
17 MR. RANDOLPH: Is this a record of the
18 Town, or is this something you prepared for a
19 demonstrative?
20 MR. ROEDER: We can wait if you want to
21 and do it with Mr. O'Hare, but I think I would
22 like to get Mr. Thrasher's opinion about what
23 he thinks about this comparison.
24 MR. RANDOLPH: Go ahead.
25
Florida Court Reporting
(561)689-0999
PUTO.4 I WN.TeTaST2
2
Q
Can you please read what it's titled?
3
A
"Comparison of criteria as stated in
4
Minor's
e-mail of 9-29-22" --
5
Q
Eleven.
6
A
Pardon me?
7
Q
Eleven.
6
A
-- 119-29-11 versus the Town's code using
9
pages 418."
10
Q
Do you see, basically, variables on the
11
left, and you see Bermuda and Spanish on the top
12
right?
13
A
Yes.
14
Q
Do you recognize the variables on the left
15
before the subtotals being the variables that Marty
16
Minor mentioned?
17
A
I don't know. Did Mr. Minor --
is
Q
He mentioned those exact same variables in
19
his e-mail.
20
A
-- mention rectilinear windows?
21
Q
Yes, he did.
22
A
May I look at it?
23
Q
Yes.
24
A
He did. Okay. So this comparison does
251 what?
Florida Court Reporting
(561) 689-0999
I Q Do you see that it goes through, and it
2 gives all the characteristics he brought up. And he
3 says, well, that makes it Bermuda. I put under
4 Spanish, and I went to look up under Spanish under
5 Section 2, and it actually fit every single one of
6 those same criteria.
7 MR. RANDOLPH: Excuse me. I mean,
s objection. He continues to testify.
9 SPECIAL MAGISTRATE: Sustained. Sir, if
10 you have questions to ask him about this
11 document that you handed him, please do so.
12 BY MR. ROEDER:
13 Q Do you see the variables on the left?
14 A I do.
is Q Do you see the two categories on the top?
16 A Yes.
17 Q What are they?
18 A Bermuda, Spanish.
19 Q Do you see the answers to whether or not
20 those fit underneath those categories?
21 A I see the checks on the Spanish, yes.
22 Q I assume that the ones that are mentioned
23 there -- are ones there -- I'll ask you again.
24 Are the ones there on the left, before the
25 subtotal, those match the same characteristics that
Florida Court Reporting
(561) 689-0999
34/
I Mr. Minor brought up in his e-mail, correct?
2 A Yes. Wait. Actually, no. I don't see
3 where he addressed the multipane windows.
4 Q No. I said before the subtotal.
5 A Okay. Yes. I recognize that to be
6 components.
7 Q Do you see that there's an indicator of
8 whether or not that met Bermuda or not?
9 A I see that there are checks over there,
10 1 yes.
11 Q Do you think you could take a look at the
12 code under Spanish and see if these exact same
13 definitions come underneath the Spanish part of the
14 code?
is
A Yes.
16
MR. RANDOLPH: Let me state
an objection
17
for the record here. This is not
18
Mr. Thrasher's work product. It
is apparently
19
Mr. O'Hare's work product. He's
being asked to
20
testify in regard to Mr. O'Hare's
work product,
21
and I don't see the relevancy of
Mr. Thrasher
22
testifying to that. It's one thing
for
23
Mr. O'Hare to testify to it, but
if he hasn't
24
prepared it, his answers have to
be guessing.
25
MR. ROEDER: What I'm really
asking him is
Florida Court Reporting
(561) 689-0999
Page: 148
1
to go down the list. Ignore mine if he wants,
2
but to tell me if each one of the items that
3
Mr. Minor came up with whether or not they fall
4
or do not fall underneath the Spanish style.
5
He knows the code.
6
SPECIAL MAGISTRATE: Mr. Thrasher, do you,
7
from your knowledge, know whether or not this
e
constitutes a complete and accurate listing of
9
the various criteria in the code under Bermuda
10
or Spanish?
11
THE WITNESS: I believe that it is not
12
conclusive.
13
SPECIAL MAGISTRATE: Okay. So what's the
14
relevance of this? I think you ought to bring
15
the witness up that --
16
MR. ROEDER: We will.
17
SPECIAL MAGISTRATE: -- that produced this
is
document and tell us what the relevance of this
19
is. I don't think this is getting anywhere.
20
MR. ROEDER: Not this way. I'll go ahead
21
and wait for Mr. O'Hare.
22
SPECIAL MAGISTRATE: If your point --
23
frankly, I'm not sure what your point is on
24
this other than that the manager may or may not
25
know whether this is a complete and accurate
Florida Court Reporting
(561)689-0999
1 listing of what the code says and he says does
2 not.
3
MR. ROEDER: Well, at this point I'm not
4
trying to find out if it's a complete list. If
5
he says it's not a complete list and he was
6
relying upon an incomplete list from his
7
consultant, because his consultant only
8
mentioned the top six variables. And so I take
9
those top six. I haven't gotten below the
10
subtotal. Just take those top six and asking
11
him, based on his knowledge of the code, do
12
those same variables meet Spanish style.
13
That's all I'm asking him at this point.
14
SPECIAL MAGISTRATE: Well, go ahead and
15
complete asking your questions.
16
MR. ROEDER: I'm sorry.
171 BY MR. ROEDER:
18 Q So, Bill, looking at those variables, can
19 you please look at the Spanish section of the code
20 and say whether or not those variables meet the
21 Spanish style?
22 A Without the opportunity to study further,
23 I would say that there are two that the language is
24 different: The first one, simple, rectangular
25 layout. The Mediterranean, the simple, strong
Florida Court Reporting
(561) 689-0999
150
i 1 rectangular forms. And the other one is a
2 combination of hip and gable. And I can't see that
3 that's in Gulf Stream Bermuda either.
4 Q Well, that was what -- your consultant
5 said that was in Gulf Stream Bermuda. His exact
6 words were combination hip and gable.
7 A No. Exactly. And I'm saying I don't see
B that in Spanish Mediterranean.
9 Q You said you don't see that in Bermuda is
10 what you just said.
11 A Oh, I apologize. I don't see it in the
12 Gulf Stream -- I'm sorry -- in the Spanish
( 13 Mediterranean description at all. At first glance,
14 there seemed to be two differences. Two that don't
15 align themselves.
16 MR. ROEDER: I think the only way to get
17 somewhere on this one is if I bring it up under
16 Mr. O'Hare.
19 BY MR. ROEDER:
20 Q My client wants to continue on with it
21 because you have said you are basically the expert
22 for the Town. You are the building administrator,
23 planning and building administrator.
24 A I'm the planning and building
25 administrator, with a working knowledge of the code.
Florida Court Reporting
(561) 689-0999
Page: 151
1 Q It only took just a few minutes for us to
2 go through and see these. So I'm just asking you to
3 go through the top and see which ones -- can you
4 tell me which ones you think fall under Spanish?
5 MR. RANDOLPH: Excuse me. Are you asking
6 -- objection. Are you asking a question with
7 regard to the document that Mr. O'Hare
e prepared, or are you asking about his code?
9 MR. ROEDER: His code. Whether or not his
10 code -- the same variables that his consultant
11 came up with, we just created a category called
12 Spanish. Can you tell us whether or not those
13 variables apply under Spanish as well.
14 MR. RANDOLPH: You're referring to a
15 document he has not prepared. That's my
16 objection.
17 MR. ROEDER: He doesn't have to prepare it
18 in order to look at a document and tell me --
19 MR. RANDOLPH: He's got to look at a
20 comparison your client compared and tell you
21 now whether that is an accurate representation?
22 MR. ROEDER: It takes just a few minutes.
23 THE WITNESS: I actually think I need more
24 than a few minutes, but I have responded in an
25 answer to you. And I don't think that that was
Florida Court Reporting
(561)689-0999
C
I all that I might be able to decipher, giving
2 more time, but I have identified two.
3 BY MR. ROEDER:
4 Q Which two are those?
5 A The Mediterranean is a simple, strong
6 rectangular form. And the Gulf Stream Bermuda is a
7 simple rectangular form. The Gulf Stream Bermuda
a has a combination hip and gable, and I do not see
9 that in Mediterranean style. There may be others,
10 and I may be able to articulate more given more
11 time. I have nothing further to add.
12 Q You don't see, under Section 70-218,
13 roofs? I gave you a packet there with --
14 A Yeah, I see it.
15 Q Do you see, down under roofs, hip and
16 gable roofs?
17 A It says hip or gabled roof.
la Q So hip and gable would not fall under hip
19 or gable?
20 A The code reads hip or gable for Spanish
21 Mediterranean.
22 Q What else? Just the "strong"?
23 A Pardon me?
24 Q Just the "strong" under rectangular layout
25 and also the hip or gable as opposed to hip and
Florida Court Reporting
(561) 689-0999
1 1 gable?
2 A Combination hip and gable. Simple, short
3 overhangs. I believe the roof overhang on
4 Mr. O'Hare's home, without measuring it and
5 estimating it, is approximately 2 1/2 foot, which is
6 very typical of Gulf Stream Bermuda. Short
7 overhangs are typical of Spanish Mediterranean.
8 Q But you're relying on Mr. Minor's --
9 A Did I ever say that I was exclusively --
10 MR. RANDOLPH: Bill, excuse me. Would you
11 just answer the question and not be
12 argumentative.
13 THE WITNESS: Okay. I'm sorry. Could you
14 ask the question again, please?
15 BY MR. ROEDER:
16 Q You said you dealt with your own
17 inventory --
18 A Yes.
19 Q -- which you said you do not have. And
20 then you said you relied on Mr. Minor, whose letter
21 only mentions the top six variables. Now you're
22 starting to go look at other variables.
23 A You started me looking at other variables.
24 SPECIAL MAGISTRATE: Okay. Hold on here.
25 I think I've gotten the point from your
Florida Court Reporting
(561) 689-0999
1
I interrogation on this. Can you possibly move
2 along?
3 MR. ROEDER: Okay.
4 SPECIAL MAGISTRATE: Thank you.
5 BY MR. ROEDER:
6 Q So somewhere in this process, all
7 Mr. O'Hare has is the code. He doesn't have your
8 style sheet sitting inside your office. All he has
9 is the code. He looks at the code, and it says
10 other various. You tell him he's Bermuda. He has a
11 Spanish tile roof on his house, and he's put rafter
12 tails on. And you're telling him he's Bermuda. How
13 is he to know, before he comes in to you, what style
14 he is and what style he should be designing for his
15 home?
16
A
Well, we're always open for discussion.
17
If
he would
call us, we
would help him with that.
18
He
has the
code that has
been provided to him on
19
more
than
one occasion.
So he speaks of the code
20
often
in
town commission
meetings, so I think he had
21
the
code.
22
Q
He did. That's
what he's saying. He had
23
the
code,
and the code says
other various.
24
A
The survey map
indicated other various.
25
Q
But that's the
only part of what you
Florida Court Reporting
(561)689-0999
I
talked about as part of the code. You talked about
2
Mr. Minor's opinion, your inventory, the style
3
sheets.
That's not part of the code, correct?
4
A
I said that throughout Section 70-236
5
through
70-244, it describes architectural elements
6
that exist
on Gulf Steam Bermuda style homes.
7
Q
I'm talking about how is he to know by
8
looking
at the code what the style is -- predominant
9
style is
of his house?
10
A
I guess he would read it. Is he not able
11
to read
it? I don't know.
12
SPECIAL MAGISTRATE: Excuse me, sir. You
13
can't
ask questions.
14
Sir, you've asked the same question of him
15
now
twice, maybe three times.
16
MR. ROEDER: I'm still trying to listen
17
and
answer, sir.
18
SPECIAL MAGISTRATE: Okay. Well, you got
19
the
answer you got. Now move on, please.
20
BY MR. ROEDER:
21
Q
If you want to change something in the
22
code, how would you go about it?
23
A
If I wanted to?
24
Q
If anybody wanted to. You're the town
25
manager.
You know the procedure. What's the way
Florida Court Reporting
(561)689-0999
Page: 156
11 you change the code?
2 A A request of the town commission. There's
3 various ways. You would request a -- I would
4 recommend them sending a letter to the town clerk
5 asking for the ability to discuss it, the
6 possible -- change a code.
7 But the ultimate procedure on changing a
8 code rests through a process of first review through
9 the architectural review and planning board, the
10 ARPB, who recommends or does not recommend changes,
11 and then the town commission decides whether or not
12 to amend the code. The town commission, in essence,
13 makes that change.
14 Q So you've said before that the map on 420
15 is wrong. You said it's incorrect.
16 A I said the survey is incorrect on several
17 1 homes.
18
Q
Is that due to lapse of
time, or was it
19
done incorrectly?
20
A
I don't know the answer
to that.
21
Q
So if you know something
is incorrect, why
22
wouldn't
you make a recommendation
to the ARPB and
23
then to
the commission that they modify the map to
24
be reflective
of what the town is?
25
A
Because my understanding
is that the
Florida Court Reporting
(561)689-0999
1 prevailing influences, architectural elements,
2 dictate the style of home. I have asked that this
3 map be updated several months ago, and it's in the
4 process of doing it. It's being done.
5 Q So until it's updated, the style you apply
6 to Mr. O'Hare is Bermuda?
7 A Until it's updated? No. I believe --
a MR. RANDOLPH: That's asked and answered.
9 Objection.
10 SPECIAL MAGISTRATE: Go ahead. Answer the
11 question.
12 THE WITNESS: I'm not sure I remember the
13 question.
14 MR. RANDOLPH: He said until it's updated,
15 the style of home is Bermuda.
16 THE WITNESS: Oh, whether the map is
17 updated or not, the architectural elements that
19 exist on the home determine and articulate the
19 architectural style of the home.
20 BY MR. ROEDER:
21 Q So how would Mr. O'Hare -- just tell me,
22 how would he know --
23 SPECIAL MAGISTRATE: Again, sir, how many
24 times are you going to ask that same question?
25
Florida Court Reporting
(561) 689-0999
Page: 157
11 BY MR. ROEDER:
2 Q So the only way that Mr. O'Hare can find
3 out what the town feels is the style of his home is
4 to ask you so that you can go to a third party and
5 have a third party --
6 A No. That's incorrect.
7 MR. ROEDER: I just want to go on record:
e He's saying that he can read the code, but then
9 you admitted that the code gives a style sheet
10 that you said is incorrect, so all he has is
11 incorrect information.
12 THE WITNESS: Would it be helpful if I say
13 the written word of the code, not the pictorial
14 side of the code, as it relates to this survey
15 map?
16 BY MR. ROEDER:
17 Q He didn't ask if the map was codified.
16 You have said -- I just want to clarify -- the
19 commission has not made any changes to the map?
20 MR. RANDOLPH: Asked and answered.
21 MR. ROEDER: That's why I just want to
22 clarify.
23 MR. RANDOLPH: You want him to answer it
24 again?
25 MR. ROEDER: Yeah. I just want to
Florida Court Reporting
(561) 689-0999
I clarify. There's so much back and forth. He
2 says he's asked the commission. I just want to
3 make sure the commission has never changed the
4 map.
5 MR. RANDOLPH: He didn't refer to it as
6 the map. He referred to it as a survey.
7 BY MR. ROEDER:
8 Q Excuse me. Sir, has the commission ever
9 changed the survey?
10 A To my knowledge -- I'm sure they have.
11 Perhaps not in my tenure, and I don't recall.
12 MR. RANDOLPH: Mr. Magistrate, may I ask a
13 question in regard to the witnesses?
14 SPECIAL MAGISTRATE: Sure.
15 MR. RANDOLPH: Mr. Roeder, Steve Tobias
16 said he could come around 3 o'clock.
17 MR. ROEDER: Which it is now.
18 MR. RANDOLPH: Which it is now. And that
19 he has problems coming much later than that
20 because of other appointments. Are you close
21 to being done with Mr. Thrasher? He's within
22 ten minutes of here, and I can call him to have
23 him here if we can get him on and off today.
24 MR. ROEDER: I would like to take him, but
25 I just have only one stipulation. I would like
Florida Court Reporting
(561) 689-0999
1 to be able to ask him questions without
2 Mr. Thrasher present to hear the answers so
3 there's no coordination of answers.
4 MR. RANDOLPH: I guess I just want to
5 know: When will you be done with Mr. Thrasher?
6 MR. ROEDER: I don't know.
7 MR. RANDOLPH: That's not very helpful.
8 BY MR. ROEDER:
9 Q Let me just ask you a question. It's an
10 interesting point my client just brought to me. If
11 somebody gets a lot --
12 A I'm sorry?
13 Q Somebody has a lot and builds a home on it
14 or razes a house and builds a home, what style do
15 they go with?
16 A I don't determine that.
17 Q Do you go by the survey sheet, or do you
18 go by what the house was previously?
19 A I believe that would be the decision and
20 choice of the owner.
21 Q Okay. So if Mr. O'Hare wanted to do
22 something with Spanish, other various, why are you
23 holding him to Bermuda if the decision on the choice
24 is his?
25 A You have taken my answer and put it, I
Florida Court Reporting
(561)689-0999
Page: 161
1 think, out of context. You said a lot and a house
2 and a person wants to build a home. I'm assuming by
3 your question that there's no home there now and
4 they want to create and construct a home there.
5 Q I believe I --
6 A Is that correct?
7 Q -- said a lot or a house that they're
8 trying to modify. If they want to --
9 MR. RANDOLPH: You didn't say that. You
10 said if he had a lot and he's building a new
11 house, how would he know what to build.
12 BY MR. ROEDER:
13 Q I said if you tore down the house that was
14 there previously, how would you know what to build?
15 MR. RANDOLPH: That's what you did say.
16 THE WITNESS: Well, it's the same thing.
17 I wouldn't make that decision. The house
18 that's torn down is not a Level I decision. It
19 would have to go through the code provision of
20 review process, and the architect would present
21 the style of the home based on the, I guess,
22 the owner's desire for a type of home. And in
23 that review process, we would have discussions
24 whether or not that which they are wanting to
25 build is provided for in the code.
Florida Court Reporting
(561) 689-0999
11 BY MR. ROEDER:
Page: 162
2 Q But you do not allow if somebody has, say,
3 Spanish and wants to go to Bermuda. Do you not let
4 them do that?
s A I do not. That's a decision of the ARPB
6 or the commission, depending on the level of review.
7 Q So if they want to change a style that
a they already have on the home, it has to go to the
9 commission?
10 A Yes.
11 Q If you come up with a decision regarding
12 the style of the home different from what's in the
13 survey sheet, you don't have to come to the
14 commission?
1s A If I come up with a style -- yeah. It's
16 the -- again, it's the elements that exist on the
17 home. The code does require that when a person
18 wants to make changes to their home, that it must
19 align itself with the existing architectural style
20 of the home. You can't mix and match architectural
21 elements of different architectural styles.
22 Q So if you had a home that was other
23 various, why couldn't you mix styles?
24 A Other various, it depends on what it is
25 they want to do. I mean, you're actually asking me
Florida Court Reporting
(561)689-0999
Page: 163
1 a hypothetical question. I can't answer your
2 question unless I know what I'm looking at and what
3 it is they want to do.
4 Q I'm saying that, you know, 70 percent of
s the homes in Plaza Soleil are Bermuda -- are other
6 various, don't you?
7 A I believe that's possible.
a Q So if somebody in there wanted to come in
9 with some kind of styling on the home that's other
10 various, do you make them go Bermuda, do you make
11 them go Spanish, or do you let them do what they
12 want to that maintains the other various style?
13 A Is this a new home or an existing home?
14 Q Existing home.
15 A Pardon me?
16 Q Existing home.
17 A No, I would -- on other various, they
18 would have more flexibility.
19 Q I think you hit the nail on the head,
20 which is why Mr. O'Hare is concerned. There's a
21 concern here that with other various he has a lot of
22 flexibility. With Bermuda, he's very limited about
23 what he can do. So that's why he's concerned. If
24 he looks and sees his home is other various and when
25 he goes in for a roof permit, which I think came up
Florida Court Reporting
(561)689-0999
Page: 164
1 earlier today, it's already part of the record. He
2 thought he had found a --
3 MR. RANDOLPH: Excuse me. I object. It
4 sounds like he's testifying, as opposed to
5 asking a question.
6 SPECIAL MAGISTRATE: Yes. Seems to be a
7 common theme that we have going on here.
8 MR. ROEDER: I'm just taking a lead from
9 Mr. Randolph early on in the hearing, Your
10 Honor. He was giving a total history. I'm
11 trying to go back and correct the history.
12 SPECIAL MAGISTRATE: Okay. He gave an
13 opening statement. You had a chance to give an
14 opening statement. He questioned his
15 witnesses. You need to question yours now and
16 not testify. If you could proceed with your
17 questions only, I would appreciate it.
18 MR. ROEDER: Thank you.
19 BY MR. ROEDER:
20 Q If you had to rank which styles are most
21 restrictive and which ones are the most liberal as
22 far as what the homeowner could do with the home,
23 how would you put the three styles?
24 A Repeat the question.
25 Q You have three styles. I don't think I'm
Florida Court Reporting
(561) 689-0999
Page: 165
1 testifying here. Three styles: Bermuda, Spanish,
2 other various. How would you rank those as far as
3 being the most liberal about what you could do with
4 your home as far as making modifications, and which
5 ones are the most restrictive?
6 A Other various would be the more liberal.
7 Q Which would be the most restrictive?
8 A That which is prohibited.
9 Q You don't have any one of the styles that
10 seems to be more restrictive than the other?
11 A No. I think the two that are predominant
12 are very restrictive.
13 Q So would you agree that if other various
14 is the most liberal, that if somebody had other
15 various, they would have the most flexibility and
16 the most gain as far as value to their home?
17 A Depends on what they want to do.
18 Q You recently denied Mr. O'Hare a slate
19 tile -- a permit application for slate tile. You
20 said actually you didn't deny it. You just didn't
21 approve it. I believe that was your testimony. But
22 can we just say, to simplify it here, you did not
23 approve it. You did not approve his slate tile.
24 What was your reason for not approving it?
25 A First of all, I don't know that that's a
Florida Court Reporting
(561) 689-0999
I slate tile, but slate -like. And it is not a
2 characteristic of a Gulf Stream Bermuda style home.
3 Q Or a Georgian or Colonial with Bermuda
4 characteristics?
5 A Gulf Stream Bermuda.
6 Q Well, you denied it, basically saying that
7 he didn't meet the 238 --
8 A That's correct.
9 Q -- which talks about --
10 A Whatever my letter said. I think you have
11 it.
12 MR. ROEDER: You also -- I think 70-993
13 has already been submitted into the record. Do
14 we know which one that was? I just want to
15 give you a copy of it. I think I have it here,
16 TC(3). I think I put A, B, and C on these, and
17 you had it just composite. I was trying to put
18 the first, second, and third.
19 Do you want to see it John?
20 MR. RANDOLPH: Is it 70-99?
21 MR. ROEDER: Yes, 70-99. Your T3.
22 MR. RANDOLPH: Yes.
23 BY MR. ROEDER:
24 Q What was the wording that you used in
25 your -- I also need the letter, your violation
Florida Court Reporting
(561)689-0999
Page: 167
1 letter. I think it was under T2.
2 MR. ROEDER: This is your Composite T2.
3 MR. RANDOLPH: Okay. Thank you.
4 BY MR. ROEDER:
5 Q 70-99, what was the reason that you called
6 for a code violation under that section?
7 A Section 70-99, roof design prohibits
8 inconsistent roofing materials visible from exterior
9 property or with any other house in the town.
10 Materials that have been installed is in violation
11 of this section.
12 Q Can you actually read 70-99 and tell me
13 what it says there? 70-99.
14 A 70-99 header? Roof design, slope, and
15 materials.
16 Q I think it's the first paragraph. Begins
17 with "roofs."
18 A "Roofs are a major visual element and
19 should be carefully considered as to the proportion,
20 texture, color, and compatibility with both the
21 house style and the neighboring buildings.
22 Similarities in roof types create a visible
23 continuity in the street scape and neighborhood.
24 Broad low profile, broad low rooflines, and
25 overhanging eves provide a reassuring sense of
Florida Court Reporting
(561)689-0999
I shelter and create shade for underlining windows."
2 Q The part I want to concentrate on there is
3 when you say "inconsistent with any house in town,"
4 I think is what you read from your notice.
5 A I think I read, "inconsistent roofing
6 materials visible from exterior of the property or
7 with any other house in the town."
8 Q What does the code actually say?
9 "Compatible with both the house style and the
10 neighboring buildings," correct?
11 A These are both sections of the code that
12 we're referring to, but I'm lost. Where are you?
13 Q Well, it's just that your letter of
14 violation stated that it had to be consistent with
i5 any other house in town, but yet the code actually
16 says the neighborhood.
17 A The violation states: "Prohibits
18 inconsistent roofing materials visible from exterior
19 property or with any other house in town."
20 Q That's what you wrote on your letter.
21 A That's the statement of violation, notice
22 of hearing.
23 Q Okay. But the actual code says --
24 A The actual code says, in Section 70-99 --
25 it also says, in 3: "Prohibited inconsistent
Florida Court Reporting
(561)689-0999
1 roofing materials visible from the exterior of the
2 property except approved accent materials."
3 Q That's not what I'm trying to get at,
4 1 Bill.
5 A Okay. I'm sorry.
6 Q Your notice of violation mentions having
7 to be consistent with buildings in town, and yet the
8 code actually says buildings in the neighborhood.
9 A The preamble to Section 70-99 does state
10 that roofs are a major visible element and should be
11 carefully considered as to the proportion, texture,
12 color, and compatibility with both the house style
13 and neighboring buildings.
14 Q Okay. When we take a look at being
15 consistent with neighboring buildings, as we talked
16 about earlier, Plaza Soleil is -- the great majority
17 is other various styles.
18 Do you know there's a roof across the
19 street from 2520 that's shingle?
20 A No. I don't recall that.
21 Q Did you know there's a home just around
22 the corner from Plaza Soleil that has barrel tile?
23 A I don't know what you're referring to.
24 Q And as far as the gray slate tile, there's
25 homes on the beach that have gray slate tile?
Florida Court Reporting
(561) 689-0999
Page: 170
1 A No.
2 Q You don't? Okay.
3 A They have gray slate -like tile. To my
4 knowledge there are no slate tiles -- slate tile
5 roofs.
6 Q You have gray slate -like. Mr. O'Hare was
7 requesting a gray slate -like tile.
8 A In that it is a -- it is a coated, painted
9 tile that is not through and through.
10 Q Well, I think Mr. -- we'll get to
11 Mr. O'Hare on that.
12 But you don't know of any other homes in
13 Gulf Steam that have a gray slate -like tile?
14 A No. I do know that. There are some
15 slate -like, but not -- there's only one in town that
16 I know of that is real slate.
17 MR. RANDOLPH: Marty Minor came. Is he
18 going to be reached?
19 MR. ROEDER: No, not today.
20 (Off the record.)
21 BY MR. ROEDER:
22 Q Mr. Trasher, I would like to take a moment
23 just to review your testimony earlier from
24 Mr. Randolph. I think you said back in 2011 that
25 you had -- Mr. O'Hare had applied for a variance
Florida Court Reporting
(561)689-0999
Page: 171
1 regarding a metal roof?
2 A I believe that's correct.
3 Q It wasn't instead that he had challenged
4 you regarding your opinion that he needed a
5 variance?
6 A I believe it's very possible it was a
7 challenge to my administrative decision.
8 Q It was your recollection that Mr. Randolph
9 opined during the hearing that Mr. O'Hare had done
10 everything he needed to do in order to get a metal
11 roof.
12 A I just don't recall.
13 Q And now when he appealed -- well, same
14 thing. When he asked for a permit for a solar
is sandwich metal roof, he's saying he was denied and
16 appealed. You said he would need a variance. He
17 also appealed for a variance there?
18 A I just don't remember for sure the
19 particulars of it. I know that I denied it. I did
20 not approve the permit. It was a metal roof, and I
21 did not approve it.
22 Q Was there a state preemption issue in that
23 solar sandwich?
24 A I don't know. I think there was some
25 reference to something similar to that, but what it
Florida Court Reporting
(561)689-0999
1 was, I don't know. I don't recall.
2 Q I think you were asked -- correct me if
3 I'm wrong, John. I think you were asked -- that you
4 didn't find out about the engineering report until
5 the actual board of adjustment hearing?
6 A Are you asking me?
7 Q Yes.
a A Oh, I don't recall.
9 Q I'm just trying to go by my notes on your
10 earlier testimony to Mr. Randolph. I thought you
11 had said something. You didn't know about it.
12 Do you know when exactly he did submit the
13 engineering report?
14 A No, I don't. I would say it's after the
15 date in which it was completed. I think it was
16 December 2011. Sometime after that.
17 Q What was completed?
18 A What was your question? The engineering?
19 Q I thought you had testified that you
20 didn't see a copy of the engineering certification
21 until after or during the board of adjustment.
22 A I don't recall testifying to that. And
23 you asked me what time it was, I thought.
24 Q Do you have a copy of your letter, again,
25 in front of you, your August letter, where you had
Florida Court Reporting
(561) 689-0999
I mentioned the date that Mr. O'Hare's permit expired?
2 A I have an August 4th, 2015, letter.
3 Q I think that was it. I think somewhere in
4 here did you mention when his permit had expired?
5 A This letter, there's a notice of violation
6 of Section 4229, which states that failure of the
7 permit holder or the property owner to complete
8 construction once it has been initiated within the
9 time frame of the building permit is a violation.
10 MR. ROEDER: Let me go ahead and submit
11 this as R --
12 SPECIAL MAGISTRATE: Sixteen.
13 (Respondent's Exhibit No. 16.)
14 BY MR. ROEDER:
15 Q Can you please describe that to me?
16 A This is a letter that was, I believe,
17 faxed to Mr. Roeder dated December 27th, 2012,
18 signed by me, regarding 2520 Avenue Au Soleil.
19 Subject: Code violation letter dated November 5th,
20 2012.
21
Q And
can
you read --
there's a part that's
22
highlighted there,
I believe. Could you read that?
23
You don't have
to
read it.
If you could just review
24
it and explain
to
me what it
says.
25
A If I
may, I would
prefer to read it.
Florida Court Reporting
(561)689-0999
1 Q Okay.
2 A "On November 10th, 2012, that notice of
3 violations was hand delivered and received by
4 Mr. O'Hare."
5 Q My highlighting must be different from
6 yours. I start with -- if you can read the rest of
7 that paragraph.
a A Okay. "According to a written document
9 received by the Town on December 11th, 2012, from
10 the Delray Beach Permit Department, the subject
11 expired permit was renewed on November 14th, 2012,
12 which is shortly after Mr. O'Hare was in receipt of
13 the Town's notices of violation.
14 Q "Therefore."
15 A "Therefore, the violation of an expired
16 reroofing permit no longer exists."
17 Q This was in November of 2012, and the six
18 months added to that would be?
19 A Well, I don't know the answer to that
20 question. It says: "Subject: Expired permit was
21 renewed on November 14th."
22 So six months after November 14th would be
23 April. May, May 14th.
24 Q So May 14th would be the day it would
25 expire in 2013?
Florida Court Reporting
(561) 689-0999
1 A That's what this letter states.
2 MR. ROEDER: Okay. Go onto the next
3 exhibit. This would be R17.
4 (Respondent's Exhibit No. 17.)
5 BY MR. ROEDER:
6 Q Can you describe that for me?
7 A This is a letter, most recently written to
8 Chris O'Hare, dated September 18th, 2015, signed by
9 me, regarding a roofing permit, 11-135146.
10 Q The part I want to actually call your
11 attention to is the part that is not highlighted.
12 It's actually the very last part of the second
13 sentence in paragraph 2. Can you please read that
14 to me?
15 A "A new permit application for a reroof on
16 your structure is required."
17 Q Second paragraph. I was talking about the
18 second sentence.
19 A Okay. Didn't see the little dot. "The
20 last inspection on this permit was 4-26-12."
21 Q So that would have put the expiration
22 date. Six months beyond that would have been --
23
A
10-26-12.
24
Q
Okay. So
this was written just recently,
25
September
18th, but
the previous letter you had
Florida Court Reporting
(561)689-0999
Page: 176
1
actually puts the ending
date
into 2013, at least
2
for the records that you
had
at that point?
3 A That's correct.
4 Q So this would be incorrect as far as the
5 expiration date?
6 A I don't think that it is. This is more
7 current. I think that is the actual expiration
a date, but you could check with Delray Beach on that.
9 I don't know the exact answer. I know I would refer
10 to them for my answer.
11 Q Well, actually, it's on a previous exhibit
12 that I gave you, R16. Do you still have that in
13 front of you?
14 A Yes. I know you're referring to the
15 letter. I'm just saying that both letters I would
16 have gotten information from Delray Beach.
17 Q Okay.
18 A This R16 is dated December 2012. R17 is
19 dated September 18th, 2015.
20 Q How much of Mr. O'Hare's appeal to the
21 board of adjustment of your decision that he needed
22 a variance in order to get a metal roof, how much of
23 that can you recollect? Specifically, can you
24 recollect his reasoning for wanting the metal roof?
25 A I believe that Mr. O'Hare stated that his
Florida Court Reporting
(561)689-0999
Page: 177
1 roof framing and structure would not support a
2 concrete tile roof. Something generally to that.
3 Q He just didn't make a claim. He actually
4 furnished you with an engineer certification to that
5 effect, did he not?
6 A It was a letter that was from Mr. Lund. I
7 don't know how I got it. Maybe he provided that to
s me. I know that there exists a letter from
9 Mr. Lund. I think it's dated December 2012, and it
10 is a certification.
11 Q It is a certification. Do you recall the
12 circumstances of the board of adjustment appeal
13 sessions? I think there were two sessions in April
14 and May. Do you recall?
15 A Vaguely.
16 Q Do you know why the commission did not
17 accept his certification?
18 A I'm sure it's of record, but I don't
19 recall at this time.
20 Q Has the Town ever rejected a certification
21 required in any other building permit?
22 A I don't know the answer. I don't think
23 so, but I don't know for sure. It's actually
24 possible, but not on a roof. I think I may have
251 verbally in regards to a drainage certification.
Florida Court Reporting
(561)689-0999
I Q Let me just ask you this way because we
2 didn't know we needed these documents, but we might
3 be able to get in here this way.
4 Has the Town ever questioned anybody else
5 regarding their certifications?
6 A I think I just asked that in regards to
7 the drainage calculations on runoff. I can't recall
8 their circumstances, but I think I did, yes.
9 Q Never on a roof?
to A No.
11 Q Do you know whether the custodian of
12 records has ever proffered a response as to whether
13 or not that has ever happened?
14 A I couldn't answer. I don't know.
15 MR. ROEDER: One other piece of evidence
16 here, R18.
17 (Respondent's Exhibit No. 18.)
18 MR. RANDOLPH: Since you have not been
19 able to get copies of those, if you could make
20 me copies of those documents that you've been
21 submitting that are different than mine so that
22 I'll have a complete record.
23 MR. ROEDER: I think I've only got one so
24 1 far.
251 MR. RANDOLPH: No. You've handed me
Florida Court Reporting
(561) 689-0999
PaQe:179
1 several.
2 MR. ROEDER: Oh, that are different.
3 Well, there's just a different print on one.
4 MR. RANDOLPH: I'll need copies.
5 MR. ROEDER: I'll just try and get you
6 copies of everything I have.
7 MR. RANDOLPH: Thank you.
8 BY MR. ROEDER:
9 Q Will you please tell me what this is?
10 A This is an amended response to
11 Mr. O'Hare's public records request. Gulf Stream
12 No. 2056, violation of 42-29.
13 Q If I could have you read specifically the
14 second sentence of the request information.
15 A "The most recent record of any notice of
16 violation or notice of hearing sent to a resident of
17 an occupied property which cited any alleged
18 violation of Town Code Section 42-29, construction
19 abandonment. Formally codified as Section 42-30
20 other than sent to the property located at 2520
21 Avenue Au Soleil."
22 Q And the response?
23 A "Please be advised there are no such
24 records exist."
25 MR. ROEDER: As the predicate being laid
Florida Court Reporting
(561)689-0999
Page: 180
1 there, Your Honor, we'll address that more when
2 we get to some of the other witnesses. Trying
3 to take care of Mr. Thrasher here.
4 BY MR. ROEDER:
5 Q I'm just going to ask you: Do you recall
6 at all the circumstances regarding the Hurricane
7 Isaac which was in 2013?
8 A I can't say I do. I mean, I think we had
9 Hurricane Isaac. I think we had a declaration, but
10 I'm not even certain of that.
11 Q Did you have any concern for Mr. O'Hare
12 and his family, who were living under a partially
13 completed roof at that point in time?
14 A Okay. Isaac. I don't think there's been
15 any declaration of hurricanes during -- from the
16 time period of 2011 to 2015. I could be wrong, but
17 I was referring years back. I don't even know if
18 that was the name, Isaac.
19 Did I have any concerns? Yes. I always
20 have concerns. I've had concerns for Mr. O'Hare and
21 his family.
22 Q Do you know that he cannot get insurance
23 on his home because the roof is not completed?
24 A I have no verification of that. No
25 knowledge of that.
Florida Court Reporting
(561) 689-0999
Page: 181
1 Q Are you aware at all that he cannot even
2 get financing on his home because the roof is not
3 completed?
4 A I'm not aware of that.
5 MR. RANDOLPH: Object to relevancy of
6 these kind of questions.
7 MR. ROEDER: They'll come together. I'm
8 just trying to get all the information I can
9 from Mr. Thrasher so I can dismiss him and we
10 can continue on with the other witnesses and
11 Mr. O'Hare's testimony coming up.
12 MR. RANDOLPH: You're saying if he
13 completes his roof, he can get financing,
14 right?
15 MR. ROEDER: Yeah. What we're saying is
16 he hasn't been allowed to complete his roof.
17 MR. RANDOLPH: I know that's what you're
18 saying.
19 SPECIAL MAGISTRATE: Okay. Guys, come on.
20 Let's get on with the questions here.
21 MR. ROEDER: We're getting near the end,
22 Your Honor, because a lot of these questions
23 are -- I don't know.
24 MR. RANDOLPH: Shall I call Mr. Tobias?
25 MR. ROEDER: By 4:30?
Florida Court Reporting
(561)689-0999
Page: 182
1 SPECIAL MAGISTRATE: You said we're near
2 the end. Are you within ten minutes of the
3 end, because he's ten minutes from here.
4 MR. ROEDER: Let me go ahead and try --
5 Mr. O'Hare has some things he wants to try and
6 get on the record with him. Let me go ahead
7 and do that. We may be out of here before
a 4:30, but I don't think we're going to have
9 enough time to finish Thrasher and Mr. --
10 MR. RANDOLPH: Can I call Mr. Tobias --
11 I'm sorry for this, but may I call Mr. Tobias
12 and see if he's available on the 14th? Would
13 that be appropriate for me to do that?
14 SPECIAL MAGISTRATE: Sure.
is (Brief recess.)
16 SPECIAL MAGISTRATE: Sir, do you have any
17 other questions for this witness, or do you
18 want to move on to another witness?
19 MR. ROEDER: I just want to have a few
20 clarifications.
21 BY MR. ROEDER:
22 Q I just want to know if he's aware of the
23 litigation status between Mr. O'Hare and the Town.
24 A I have a general understanding of that.
25 Q What's your general understanding?
Florida Court Reporting
(561) 689-0999
Page: 183
1 SPECIAL MAGISTRATE: What is the relevance
2 of that question to our code enforcement
3 matter?
4 MR. ROEDER: We're going to show that
5 there are other reasons for the code
6 enforcement other than just violation. Besides
7 the motivation, the biggest one we have is the
B one we plan to raise the issues with
9 Mr. Tobias. I think we've already raised it
10 with Mr. Thrasher. Is that there is judicial
11 actions, similar actions, that say basically an
12 excuse or abandonment underneath the Florida
13 Building Code, and I need to inquire as to his
14 knowledge. If he knows, yes, we are still
15 litigating.
16 SPECIAL MAGISTRATE: Please continue.
17 BY MR. ROEDER:
1B Q Now, what is the breadth of litigation
19 that you understand?
20 A I believe there's a federal case that's
21 being -- has gone through the federal trial courts
22 and is being appealed to wherever federal cases get
23 appealed to. Somewhere in Atlanta. He has public
24 records -- I believe he has public records lawsuits
25 filed against the Town. I don't know the status of
Florida Court Reporting
(561) 689-0999
11 those.
Page: 184
2
MR. RANDOLPH: Can you show him the
3
federal case that you're talking about so he
4
can refresh his recollection?
5
MR. ROEDER: We didn't know what some of
6
the subject matter was going to be today. He's
7
going over past history.
8
MR. RANDOLPH: Well, that wasn't the
9
subject of any of my subject matter, so you
10
obviously wouldn't know that subject matter
11
because you're asking the question. My
12
question is: Do you have a copy of the federal
13
case that you're asking about?
14
MR. ROEDER: I can get it for the next
15
hearing date that we have, if you want. I can
16
recall Mr. Thrasher if you want to do that, or
17
we can have a little patience and let me walk
18
him through this.
19
MR. RANDOLPH: I don't want to recall
20
Mr. Thrasher. I would like you to finish up
21
with him today. If you want him to answer a
22
question regarding that suit -- well, I guess
23
he can just say he doesn't know. Go ahead.
24
MR. ROEDER: With all due respect, John,
25
we didn't get your papers until a day ago.
Florida Court Reporting
(561)689-0999
1 MR. RANDOLPH: My papers have nothing to
2 do with what --
3 SPECIAL MAGISTRATE: All right, gentlemen.
4 Let's stop this. Do you have a question for
5 Mr. Thrasher about the federal lawsuit?
6 MR. ROEDER: Yes.
7 SPECIAL MAGISTRATE: If he can answer,
8 then we'll hear his answer; if he can't answer,
9 that will be the end of the questions.
10 BY MR. ROEDER:
11 Q Well, the federal lawsuit, you just
12 mentioned 20 public records request cases. Are
13 there any other cases?
14 A I didn't mention 20. I just said there
15 were public records lawsuits. I don't know how
16 many, and I don't recall at this time if there are
17 others.
18
Q But the one particular
case you mentioned,
19
the
federal lawsuit that's being
appealed right now,
20
do
you understand the basis for
that lawsuit?
21
A No. No, I don't.
22
Q So you don't know that
one of the issues
23
Mr.
O'Hare is appealing is the way he's been denied
24
his
roof permit?
25
A No, I do not.
Florida Court Reporting
(561) 689-0999
1
SPECIAL MAGISTRATE: Excuse me. He just
2
answered no.
3
MR. ROEDER: Okay. Chris, you got
4
anything else? It just goes without saying
s
that depending on what Mr. Minor and Mr. Tobias
6
say, I'm sure Mr. Thrasher is going to be
7
around, so I reserve the right to call him back
e
for any clarifications of any information I
9
might discover during that examination.
10
MR. RANDOLPH: All right. Well, you don't
11
have the right of rebuttal, do you?
12
MR. ROEDER: I'm trying to find out some
13
facts, Mr. Randolph.
14
MR. RANDOLPH: I understand, but why would
is
you have to recall him?
16
MR. ROEDER: To find out if what
17
Mr. Thrasher says and what --
18
SPECIAL MAGISTRATE: We'll wait and see at
19
the time that he attempts to recall him whether
20
or not we will allow that to happen.
21
MR. ROEDER: I thought -- just for the
22
record, I thought a lot of the rules of
23
evidence were relaxed. They seem to be -- when
24
I'm standing here, it seems to be really
25
hitting heavy. So I ask your indulgence
Florida Court Reporting
(561) 689-0999
1
because --
2
SPECIAL MAGISTRATE: Okay. I've already
3
ruled on that, correct?
4
MR. ROEDER: Mr. O'Hare just asked me, if
s
we can't call him back --
6
SPECIAL MAGISTRATE: I didn't say you
7
can't call him back. I said at the time you go
8
to call him back, we'll determine whether or
9
not there is a need and relevance to call him
10
back. He's going to be here anyways.
11
MR. ROEDER: Mr. O'Hare is concerned that
12
we won't be able to recall him. If we hear
13
testimony from Mr. Tobias or Mr. Minor that
14
gives us caution and we need to ask to bring
is
Mr. Thrasher back for clarification, we're
.16
concerned that we're going to be excluded, and
17
he just wants to make sure that he has that --
18
SPECIAL MAGISTRATE: I have no intentions
19
of ruling on whether or not he can be recalled
20
to testify until that time comes, so that's the
21
end of that issue right now.
22
Now, would you like to call another
23
witness now because it seems like you're done
24
with Mr. Thrasher.
25
MR. ROEDER: Can we break for five
Florida Court Reporting
(561)689-0999
I
minutes?
2
SPECIAL MAGISTRATE: You can, yes.
3
(Brief recess.)
4
SPECIAL MAGISTRATE: Now, I think that you
5
do have some of my exhibits down there.
6
Sir, you can go on.
7
MR. ROEDER: I just want to make the point
e
that besides what we may hear from the other
9
witnesses, there were inconsistencies in the
10
record answered to by Mr. Thrasher. Since I
11
didn't have a chance to know what he was going
12
to testify, I didn't have a chance for the
13
record. Having a delay is going to give me a
14
chance to bring that record and ask him again
15
about his memory or about what happened at
16
these certain events. So I think just on that
17
basis alone, we're going to be calling back
1e
Mr. Thrasher. I want to express my client's
19
concern that he's going to be somehow be closed
20
out at being able to address Mr. Thrasher on a
21
lot of those inconsistencies.
22
SPECIAL MAGISTRATE: I think we've ruled
23
on that twice now. The ruling stands.
24
MR. ROEDER: If you want, we can bring
25
Mr. O'Hare -- if you wanted to wait until the
Florida Court Reporting
(561)689-0999
I
very end to testify, we can at least start
2
getting some of his testimony now, if you want.
3
SPECIAL MAGISTRATE: It's totally up to
4
you, sir. It's your case.
5
MR. ROEDER: We'd rather wait until
6
afterwards so he can respond to everybody else
7
because we don't know what answers everybody
e
else is coming up with.
9
SPECIAL MAGISTRATE: Okay. So we're out
10
of questions for Mr. Thrasher, and we have no
11
other witnesses if you want to commence today.
12
MR. ROEDER: Yes, sir.
13
SPECIAL MAGISTRATE: All right. So we'll
14
remain adjourned until our next hearing date.
15
MR. ROEDER: I'll get you an e-mail by
16
tomorrow morning.
17
MR. RANDOLPH: So if I have cross, I'll
18
ask it at the next hearing date?
19
SPECIAL MAGISTRATE: Well, if you'd like
20
to cross-examine Mr. Thrasher now, you're
21
welcome to.
22
MR. RANDOLPH: Because I don't think I can
23
bring him back.
24
MR. ROEDER: We would have no objection.
25
MR. RANDOLPH: I hope you have no
Florida Court Reporting
(561) 689-0999
Page: 190
1 objection to cross-examination.
2 MR. ROEDER: No. To you bringing him back
3 if you want to.
4 SPECIAL MAGISTRATE: Well, we have 25
5 minutes so we might as well use it.
6 MR. RANDOLPH: Let me see. I may not
7 finish.
8
CROSS-EXAMINATION
9
BY MR.
RANDOLPH:
10
Q
Mr. Thrasher, I'm going to show you, from
11
Composite
Exhibit T9, which are the records on
12
appeal
relating to these cases, an amended appendix
13
in regard
to Case No. 4D13-621, which was before the
14
Fourth
District Court of Appeal, and ask you to
15
identify
the two documents that are tabbed with
16
yellow
stickies in the petitioner's appendix.
17
A
Yes. This is a revision request, via the
18
City of
Delray Beach, dated November 15th, 2011, in
19
regards
to Permit No. 11-135146 for the property
20
located
at 2520 Avenue Au Soleil, Chris O'Hare.
21
Q
Is that the revision request which says
22
that Mr.
O'Hare wants the metal roof?
23
A
On the permitted revision request form, it
24
says:
"Customer wants to change to metal roof."
25
Q
All right. What is the next tabbed
Florida Court Reporting
(561) 689-0999
Page: 191
1 exhibit in that petition that was before the Fourth
2 District Court of Appeal?
3 A This is a letter dated December 14, 2011,
4 from Terrance E. Loone, a licensed professional
5 engineer.
6 Q Is that the letter that went into evidence
7 earlier which said that the structure would not
8 withhold a tile roof?
9 A It states that on December 13th, 2011, I
10 inspected the existing roof framing at the
11 referenced address. The existing roof framing will
12 not support the design loads of a concrete or clay
13 tile roof. The lightest roofing system possible is
14 needed.
15 Q All right. So both Mr. O'Hare's request
16 for a metal roof and that letter from the engineer
17 were considered as part of the record before the
18 Fourth District Court of Appeal?
19 A Yes.
20 Q So would you consider that dispositive of
21 that issue?
22 A Yes.
23 MR. ROEDER: You're asking your own
24 witness a legal opinion? You didn't hear,
25 Mr. Randolph. There was an objection.
Florida Court Reporting
(561)689-0999
Page: 192
1 SPECIAL MAGISTRATE: I heard your
2 objection, and I'm taking it into consideration
3 with his testimony.
4 BY MR. ROEDER:
5 Q Mr. Thrasher, have you seen any serious
6 attempts on Mr. O'Hare's part to comply with the
7 terms of the town code in regard to his roof?
8 A No.
9 Q How long has his roof remained in this
10 unfinished state?
11 A Approximately four years.
12 Q You were asked, in response to a public
13 records request, whether you've ever noticed anyone
14 else for violation of 42-29; that is, for
15 abandonment of a permit. Have you ever known of
16 where -- another situation where a project has
17
remained
incomplete
for a period of four years in
18
the Town?
You were asked several
questions in regard
19
A
No. But -- no.
20
Q
You were asked several
questions in regard
21
to the date of inspections
and whether or not the
22
180 days
had expired after
the last permit
23
inspection.
24
A
Right.
25
Q
Would you defer
to the building official
Florida Court Reporting
(561)689-0999
Page: 193
1
from Delray Beach
in regard to that,
or is that
2
something that you
have independent
knowledge of?
3
A
I would defer to the Delray building
4
official.
5
Q
Okay. In regard to the last attempt by
6
Mr. O'Hare to make a change to his roof, you gave an
7
opinion that, one, he could not do so because the
8
permit had expired, correct?
9
A
Yes.
10
Q
And you also said that what he was
11
proposing
to do was not in accordance with the code?
12
A
Yes.
13
Q
Did he ever file an appeal in regard to
14
your decision?
15
A
No.
16
Q
Which was approximately September 18th --
17
excuse me.
I guess it was approximately
18
September
18th of 2015.
19
A
He did not.
20
Q
Okay. And he never filed for a variance
21
for that?
22
A
He did not.
23
Q
There is a provision in 42-29 -- I think
24
that's the
provision we're talking about -- that
251 says that when a permit has expired, that will be
Florida Court Reporting
(561) 689-0999
1 considered prima facie evidence of an abandonment;
2 is that correct?
3 A Yes.
4 Q And does it also provide, in that
5 Section 42-29, if a project is abandoned that it
6 should go back to the condition that it was in prior
7 to the giving of the permit?
8 A Yes.
9 Q So in the event that he were to be
to required to comply with 42-29, he would be required
11 to go back to the tile terracotta roof that had
12 existed at the time?
13 A Yes.
14 Q Has he made any attempt to come back to
15 you to restore the tile terracotta roof that he tore
16 off?
17 A No. No.
18 Q Do you know how many public records
19 requests that Mr. O'Hare has filed with the Town of
20 Palm Beach?
21 MR. ROEDER: Objection.
22 THE WITNESS: Town of Gulf Stream?
23 Several hundred.
24 MR. RANDOLPH: Town of Gulf Stream.
25 SPECIAL MAGISTRATE: Overruled.
Florida Court Reporting
(561) 689-0999
Page: 195
1 THE WITNESS: Overruled?
2 SPECIAL MAGISTRATE: Answer.
3 THE WITNESS: Several hundred.
4 BY MR. RANDOLPH:
5 Q How many lawsuits has he got pending
6 against the Town?
7 A I would estimate 20 public records
e lawsuits.
9 Q You indicated that you have no opinion
10 in regard to the Florida Building Code,
11 Section 105.4.1.3, in regard to the tolling as a
12 result of legal process; is that correct?
13 A Correct.
14 Q And, in fact, the Town has refrained from
15 citing Mr. O'Hare in the past in regard to these
16 various suits before the circuit court and the
17 Fourth District Court of Appeal for the metal roof
1e and the solar sandwich roof?
19 A Yes.
20 MR. RANDOLPH: Excuse me. Mr. O'Hare, is
21 that an objection from you?
22 MR. O'HARE: I was consulting with
23 counsel, sir.
24 MR. RANDOLPH: Oh.
25 That's all the questions I have at this
Florida Court Reporting
(561)689-0999
C
1 I time.
2
MR. ROEDER: I just have to make an
3
objection for the record. There was an awful
4
lot of leading there going on, with no
5
corrections to Mr. Randolph.
6
SPECIAL MAGISTRATE: There's a difference
7
between leading a witness and testifying as a
8
lawyer. I did not notice Mr. Randolph trying
9
to testify himself, and I am going to overrule
10
your objection.
11
MR. RANDOLPH: That's all I have on cross.
12
SPECIAL MAGISTRATE: Okay. I believe that
13
concludes today's adventure, and we'll be back
14
for another adventure on, I guess,
15
December 14th at 12:30.
16
Thank you very much. I also appreciate
17
the attorneys and the witnesses being cordial
18
to each other and respecting each other's
19
opinions.
20
I'll take all the exhibits with me, and
21
I'll bring them back for our next hearing.
22
MR. RANDOLPH: Thank you.
23
(Thereupon, the proceedings were adjourned
24
at 4:16 p.m.)
25
Florida Court Reporting
(561) 689-0999
Page: 196
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
C E R T I F I C A T E
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, GINA R. GRANT, do hereby certify that I
was authorized to and did stenographically report the
foregoing proceedings and that the transcript is a true
and correct transcription of my stenotype notes of the
proceedings.
DATED this 15th day of January, 2016.
GINA R. GRANT
Notary Public - State of Florida
My Commission No. FF204428
Expires: May 19, 2019
Florida Court Reporting
(561)689-0999
C
C_
WORD INDEX
<1>
1 111:24 153:5
1:30 103:16 106:5
10 105:8 114:10,23
126:7
100 106:3
100 -point 123:23,25
129:22,25 130:6,19,
23, 24 133:24,25
10-23-12 105:16
138:21
10-26-12 175:23
105 104:18
105.4 107:14
105.4.1.3 107:11,18
108:2 110:13 195:11
106 104:22
109 104:24
10th 174:2
11 105:10 134:24
135:1, 3
110 104:6
11-135146 175:9
190:19
11-135-146 109:16
11-22-99 136:10
115 105:2
118 105:4
11-99 135:14 136:4
11th 174:9
12 105:12 134:25
135:2, 3
12:30 196:15
12-27-12 105:20
124 105:6
125 105:8
13 105:14 136:16
137:1
135 105:10,12
136 105:14
138 105:16
13th 191:9
14 105:16 138:16
191:3
144 105:18
14th 115:19 174:11,
21, 22, 23, 24 182:12
196:15
15 105:18 144:6
15th 190:18 197:10
16 105:20 173:13
16864 103:1
17 105:22 175:4
173 105:20
175 105:22
179 105:24
18 105:24 178:17
180 107:21 110:16,
21 192:12
18th 175:8,25
176:19 193:16,18
19 114:12, 24 115:4
197:17
190 104:19
1997 125:16
1999 122:21 123:1,
10,15 125:16 135:20,
24
1 -by -1 143:17
<2>
2 146:5 153:5,5
175:13
2:30 118:19
20 185:12,14 195:7
2000 137:1
2010 104:22 107:13
2011 136:25 137:5,6
142:20 170:24
172:16 180:16
190:18 191:3,9
2012 109:12 110:17
173:17,10 174:2, 9,
11,17 176:18 177:9
2013 103:1 174:25
176:1 180:7
2015 103:15 106:6
115:19 116:9 173:2
175:8 176:19 180:16
193:18
2016 197:10
2019 197:17
2056 179:12
236 126:19
238 120:5 166:7
244 122:25 126:19
25 190:4
2520 116:2 129:21
130:7,9 131:22
137:2 139:16 141:3,
8 169:19 173:18
179:10 190:20
26th 110:17
27th 173:17
2 -by -2's 143:17
<3>
3 119:6 133:3
159:16 166:16
168:25
30 117:12
33401 104:7
33483 104:4
3-B 119:6,7
3's 119:7
<4>
4 103:15 106:6
4.1.3 107:15
4:16 103:16 196:24
4:30 181:15 182:8
407.758.4194 104:4
418 145:9
419 124:14
420 124:23 156:14
4229 173:6
42-29 179:12,18
192:14 193:23 194:5,
10
42-30 179:19
4-26-12 175:20
4D13-0621 114:10
4D13-621 190:13
4th 116:8 120:11
173:2
<5>
5 104:22,24 108:20
50 103:1
505 104:6
561.659.3000 104:8
5th 109:11 173:19
<6>
6 104:24 111:13
<7>
Florida Court Reporting
(561) 689-0999
7 105:2,6 115:14
124:6
70 124:12 163:4
70-208 124:14
70-218 152:12
70-236 122:25
139:19 155:4
70-238 119:10 120:4,
15 143:25
70-244 139:20 155:5
70-99 166:20,21
167:5, 7,12,13,14
168:24 169:9
70-993 166:12
71872 111:24
7238 119:5
7414 104:3
<8>
8 105:4 119:17
<9>
9 105:6
124:4
9-18-15
105:21
9-29-11
145:8
9-29-22
145:4
<A>
AB 103:1
abandoned 194:5
abandonment 106:11
107:8,10 179:19
183:12 192:15 194:1
ability 156:5
able 152:1,10
155:10 160:1 178:3,
19 187:12 188:20
accent 169:2
accept 177:17
accurate 148:8,25
151:21
actions 118:10
183:11,11
active 107:19 110:14
actual 106:25 114:16
129:10 143:9 168:23,
24 172:5 176:7
add 113:9 152:11
added 174:18
adding 113:12
addition 122:24
additions 115:8 125:9
address 109:4 112:2
131:21 137:2 140:10
180:1 188:20 191:11
addressed 109:18
147:3
addresses 109:15
addressing 109:20
adjourned 189:14
196:23
adjustment 172:5, 21
176:21 177:12
administration 128:23
administrative 171:7
administrator 122:23
123:7 127:22 129:9,
24 131:9, 9, 23
150:12, 23, 25
admission 108:17
admit 111:12
admitted 108:19
114:19 158:9
adoption 131:18
adventure 196:13,14
advised 116:13
179:23
afield 111:15
ago 157:3 184:25
agree 113:22 128:19
165:13
Agreed 113:18
agreement 121:10,11
ahead 110:12 123:19
136:21 144:24
148:20 149:14
157:10 173:10 182:4,
6 184:23
align 150:15 162:19
aligned 133:2
alleged 179:17
allow 132:8 135:16
162:2 186:20
allowed 132:9,12
135:21 137:19
181:16
amend 112:5 156:12
Amended 105:24
114:16,23 179:10
190:12
analysis 123:17
126:13 132:18
answer 133:12 142:7,
7,13 151:25 153:11
155:17,19 156:20
157:10 158:23
160:25 163:1 174:19
176:9,10 177:22
178:14 184:21 185:7,
8, 8 195:1
answered 157:8
158:20 186:2 188:10
answering 129:4
answers 146:19
147:24 160:2, 3
189:7
anybody 155:24
178:4
anyways 187:10
apologize 129:4
150:11
apparently 147:18
appeal 176:20
177:12 190:12,14
191:2,18 193:13
195:17
appealed 171:13,16,
17 183:22,23 185:19
appealing 185:23
APPEARANCES
104:1
appears 126:18
137:11
appellate 114:5, 8, 8
appendix 114:18,20
124:8 190:12,16
applaud 119:25
applicable 107:22
108:5 121:15
application 143:2
165:19 175:15
applied 126:25
170:25
apply 151:13 157:5
appointments 159:20
Appreciate 120:2
164:17 196:16
appropriate 182:13
approval 128:14
approve 135:18
140:6 165:21,23,23
171:20,21
approved 107:20
110:15 140:8 143:2
169:2
approving 165:24
approximately 153:5
192:11 193:16,17
April 110:17 174:23
177:13
architect 161:20
architectural 126:13,
19 127:12 129:11,20
131:3 133:1,2 134:6,
7 139:17 140:23
143:9 155:5 156:9
157:1,17,19 162:19,
20,21
architecture 133:5,18
archive 140:8
argumentative 153:12
ARPB 156:10,22
162:5
arrived 111:20
Article 105:6 124:6
125:9
articulate 152:10
157:18
asked 121:14 132:19
133:16 138:2,10
140:22,24 141:14,15,
18 142:2 147:19
155:14 157:2, 8
158:20 159:2 171:14
172:2,3,23 178:6
187:4 192:12,10
asking 110:10 125:2
132:11 142:4,4
147:25 149:10,13,15
151:2, 5, 6, 8 156:5
162:25 164:5 172:6
184:11,13 191:23
assistance 128:1
associated 141:10
assume 137:17
146:22
Florida Court Reporting
(561)689-0999
assuming 137:4, 8
161:2
Atlanta 183:23
attaching 141:7
attempt 193:5 194:14
attempts 186:19
192:6
attention 124:13
175:11
attorneys 196:17
An 116:2 129:21
137:2 139:16 141:3
173:18 179:21
190:20
augment 142:25
143:8
August 120:12
172:25 173:2
authenticating 107:16
authority 135:18
140:6
authorized 197:6
available 182:12
Avenue 116:2 129:21
137:2 139:16 141:3
173:18 179:21
190:20
aware 106:20 116:23,
25 117:2 181:1,4
182:22
awful 196:3
<B>
back 115:8 131:2
138:5, 7 140:11
159:1 164:11 170:24
180:17 186:7 187:5,
7, 8,10,15 188:17
189:23 190:2 194:6,
11,14 196:13, 21
barrel 137:10,11,17,
18,19 139:23 140:4,
5, 9 169:22
based 106:18 130:19
132:15 133:19
140:13 142:18
149:11 161:21
basic 138:1
basically 125:15
128:3 135:21 137:25
0
U18
UU
145:10 150:21 166:6
183:11
basis 185:20 188:17
Beach 104:7 106:4,
19 111:4 169:25
174:10 176:8,16
190:18 193:1 194:20
197:3
began 121:17 129:6
beginning 106:5
123:8
Begins 167:16
believe 106:14
107:11 115:18
123:11,11,16 126:10
127:9 131:7 132:6
133:18 142:6 143:11,
15 148:11 153:3
157:7 160:19 161:5
163:7 165:21 171:2,
6 173:16,22 176:25
183:20,24 196:12
believes 113:2
Bermuda 121:21
122:4, 7, 9,10,14,17,
19, 20, 22 123:3, 6,21
126:16,18, 22 127:1,
17, 20, 24 129:7
132:7,15,23 133:3, 4,
10 135:11,17 137:3,
13,16,18, 20, 21
139:18, 25 140:13
141:11,13,16 142:5,
10,12,15 143:5,14
145:11 146:3,18
147:8 148:9 150:3,5,
9 152:6, 7 153:6
154:10,12 155:6
157:6,15 160:23
162:3 163:5,10,22
165:1 166:2, 3,5
best 117:4,18 118:24
beyond 175:22
biggest 183:7
Bill 149:18 153:10
169:4
Black 105:10 125:13
134:13,17 135:1, 7
board 156:9 172:5,
21 176:21 177:12
book 122:21 123:4
books 129:20
bottom 116:6
bought 137:4
Brandenburg 104:10
breadth 183:18
break 187:25
brief 114:8,8 118:15
119:1 182:15 188:3
briefs 114:5
bring 112:7 135:23
148:14 150:17
187:14 188:14,24
189:23 196:21
bringing 190:2
British 121:21 122:16
Broad 167:24,24
brought 112:19,21
136:15 146:2 147:1
160:10
build 161:2,11,14,25
Building 104:22
106:15,16,11,14
107:2,10,14, 23
109:24 110:1, 3,13,
21 111:4 122:13
123:7 127:21,21
129:8 131:9 150:22,
23,24 161:10 173:9
177:21 183:13
192:25 193:3 195:10
buildings 167:21
169:7,8,13,15
buildings, 168:10
builds 160:13,14
bunch 114:14
<C>
CA 103:1
calculations 178:7
call 118:20 124:13
134:24 154:17
159:22 175:10
181:24 182:10,11
186:7 187:5, 7, 8, 9, 22
called 131:12 151:11
167:5
calling 188:17
calls 117:12 132:22
card 105:10,12
131:19 132:7,13,16
133:6 134:17 135:10
cards 134:10
care 180:3
carefully 167:19
169:11
CASE 103:1 107:22
112:13,12 113:2,14
114:9 119:10 183:10
184:3,13 185:18
189:4 190:13
cases 183:22 185:12,
13 190:12
categories 146:15, 20
category 151:11
caution 187:14
cert 114:17
certain 109:5 111:17
118:9 128:11 143:8
180:10 188:16
certification 172:20
177:4,10,11,17,20,25
certifications 178:5
certify 197:5
chain 141:1
challenge 171:7
challenged 171:3
challenges 118:11
chance 164:13
188:11,12,14
change 135:21
155:11 156:1, 6,13
162:7 190:24 193:6
changed 128:13,13
136:2 159:3,9
changes 115:4 128:6
142:25 156:10
158:19 162:18
changing 128:8 156:7
characteristic 139:15
166:2
characteristics 122:15
140:14,15 141:13
142:12 146:2,15
166:4
chart 127:14 143:6
check 111:20 176:8
checked 136:6
Florida Court Reporting
(561)689-0999
Page:3
checking 120:1
checks 146:11 147:9
choice 160:20,23
Chris 115:18 122:24
175:8 186:3 190:20
CHRISTOPHER
103:4 109:12
circuit 195:16
circumstances 177:12
178:8 180:6
cite 109:24 119:19
cited 120:3 179:17
citing 195:15
City 106:3,15 114:3
121:12 190:18
City's 111:24
civil 107:22
claim 177:3
clarification 187:15
clarifications 182:20
186:8
clarify 119:5 158:18,
22 159:1
classified 125:7
clay 191:12
Clerk 104:10 113:5
139:4 156:4
client 150:10 151:20
160:10
client's 188:18
close 159:20
closed 116:15 188:19
coated 170:8
CODE 103:10
104:21 105:4, 6
106:1,15,16,21,24
107:2,11,14 109:25
110:1,3, 13 111:24
112:3,25 119:9,14,
24 120:1,14,18, 22
121:4,12 123:13
124:6,10 126:19
127:6 128:3, 8,11, 16,
24 129:13,16 143:13
145:8 147:12,14
148:5,9 149:1,11,19
150:25 151:8,9,10
152:10 154:7, 9, 9,18,
19, 21,13, 23 155:1,3,
8, 22 156:1, 6, 8,12
158:8,9,13,14
161:19, 25 162:17
167:6 168:8,11,15,
13,24 169:8 173:19
179:18 183:2, 5,13
192:7 193:11 195:10
codified 129:14
158:17 179:19
Colonial 121:21
122:8,16 166:3
Color 105:12 125:25
126:4 127:14 134:14,
18,19 135:2 139:14
143:6 167:20 169:12
colors 143:5
combination 139:24
150:2, 6 152:8 153:2
come 127:16, 24
147:13 159:16
162:11,13,15 163:8
181:7,19 194:14
comes 154:13 187:20
coming 159:19
181:11 189:8
commence 189:11
comments 135:13
commission 128:14
131:17 154:20 156:2,
11,12, 23 158:19
159:2, 3, 8 162:6, 9,
14 177:16 197:17
common 164:7
commonly 137:12
commotion 107:22
compared 151:20
Comparison 105:18
144:3, 7,23 145:3, 24
151:20
compatibility 167:20
169:12
Compatible 168:9
complaint 115:24
117:22
complaints 115:24, 25
116:14, 20, 23, 24, 25
117:1,2, 6, 9,10,16,
25 118:1
complete 148:8, 25
149:4, 5,15 173:7
178:22 181:16
completed 172:15,17
180:13,23 181:3
completes 181:13
comply 192:6 194:10
components 147:6
composite 120:11
134:23 166:17 167:2
190:11
concentrate 168:2
concern 163:21
180:11 188:19
concerned 108:11
128:10 163:20, 23
187:11,16
concerns 180:19,20,
20
concludes 196:13
conclusion 127:16, 24
132:19 133:20
conclusive 148:12
concrete 177:2
191:12
condition 194:6
consider 116:14
191:20
consideration 112:16
131:17 192:2
considered 107:19
110:14 167:19
169:11 191:17 194:1
consistent 139:18
168:14 169:7,15
constitutes 148:8
construct 161:4
constructed 125:6
construction 116:1
173:8 179:18
consultant 128:2
132:20 133:11,13
138:1,10 149:7,7
150:4 151:10
consulting 195:22
cont 104:18
contacted 137:25
138:2
contained 125:8
contains 113:1
context 161:1
continue 118:23
150:20 181:10
183:16
CONTINUED 106:12
108:7
continues 129:12
146:8
continuity 167:23
conversations 118:8
converted 143:3
coordination 160:3
copies 178:19,20
179:4, 6
copy 111:25 112:24
134:10 136:14
166:15 172:20,24
184:12
Copyrighted 137:1
cordial 196:17
corner 141:6 169:22
correct 108:22
110:22 123:11, 12
124:21 125:17,23
127:2,2 128:4 132:6
137:8 138:4 140:19
142:7 147:1 155:3
161:6 164:11 166:8
168:10 171:2 172:2
176:3 187:3 193:8
194:2 195:12,13
197:8
corrected 121:8
127:7
corrections 196:5
correctly 110:19
129:4
correspondence
116:12
counsel 195:23
County 106:4 197:3
course 142:24
Court 111:19 190:14
191:2,18 195:16,17
courts 183:21
covering 107:10
create 161:4 167:22
168:1
created 131:10
136:25 151:11
Florida Court Reporting
(561) 689-0999
criteria 145:3
146:6
148:9
Cross 104:19
189:17
196:11
cross-examination
190:1, 8
cross-examine
189:20
current 119:24
143:7
176:7
currently 116:1
custodian 178:11
Customer 190:24
<D>
date 110:24 125:6
128:11 172:15 173:1
175:22 176:1, 5, 8
184:15 189:14,18
192:21
dated 104:24 105:16,
20,22 109:10,11
115:19 116:8 122:21
138:21 173:17, 19
175:8 176:18,19
177:9 190:18 191:3
197:10
day 174:24 184:25
197:10
days 107:21 110:16,
21 117:12 192:22
dealt 153:16
December 103:15
106:5 115:19 116:8
172:16 173:17 174:9
176:18 177:9 191:3,
9 196:15
decides 156:11
decipher 152:1
decision 160:19, 23
161:17,18 162:5,11
171:7 176:21 193:14
declaration 180:9,15
defer 192:25 193:3
definitions 147:13
delay 188:13
deletions 115:8
delivered 174:3
Delray 106:18 111:4
174:10 176:8,16
u
C
190:18 193:1,3
demonstrative 144:19
denied 165:18 166:6
171:15,19 185:23
deny 165:20
Department 174:10
depending 162:6
186:5
depends 162:24
165:17
depict 127:13
depositions 128:15
derived 123:24
describe 115:16
138:18 173:15 175:6
describes 155:5
description 139:16
150:13
descriptions 139:19
Design 131:11,12
167:7,14 191:12
designated 126:11
135:9
designing 154:14
desire 161:22
determination 134:5,
6 137:24
determine 133:17
157:18 160:16 187:8
determined 134:7
dictate 127:11,13
157:2
difference 196:6
differences 150:14
different 120:25
123:14 134:12
139:14 140:14,14
149:24 162:12,21
174:5 178:21 179:2,
3
difficult 116:18
Direct 104:18 106:12
direction 106:18
128:21
directly 107:24
disapprove 143:1
discover 186:9
discuss 156:5
discussion 154:16
discussions 161:23
dismiss 181:9
dispositive 191:20
District 190:14 191:2,
18 195:17
division 119:8 133:3
document 107:13
112:9 114:13 119:22
146:11 148:18 151:7,
15,18 174:8
documents 112:6, 8,
20,21 114:14 115:23
178:2, 20 190:15
doing 157:4
dot 175:19
drainage 177:15
178:7
Drive 104:6 133:17
drive-by 142:22
driven 142:23
duces 112:5,10
due 107:23 156:18
184:24
<E>
earlier 111:16
123:20 126:16 164:1
169:16 170:23
172:10 191:7
early 137:5 164:9
easy 112:8
effect 177:5
either 113:13 150:3
element 167:18
169:10
elements 122:25
126:10 127:12,13
129:10,11 131:13
133:1,22 134:7
141:10 143:9 155:5
157:1,17 162:16, 21
Eleven 145:5, 7
e-mail 139:11,11
140:19, 21, 25 142:4,
6,17 145:4,19 147:1
189:15
e-mails 141:1
emphatic 128:16
ends 113:14
ENFORCEMENT
103:10 106:1 183:2,
6
engage 133:25
engineer 177:4 191:5,
16
engineering 172:4,13,
18,10
entertaining 136:19
entire 124:5
entitled 127:19
error 126:18
especially 137:19
ESQUIRE 104:3,8
essence 156:12
estimate 195:7
estimating 153:5
event 194:9
events 108:5 188:16
everybody 189:6, 7
eves 167:25
evidence 109:18
178:15 186:23 191:6
194:1
exact 120:24 134:12
145:18 147:12 150:5
176:9
Exactly 150:7 172:12
EXANIINATION
104:16 106:12 186:9
excluded 187:16
exclusively 153:9
excuse 123:19 139:6
141:12 146:7 151:5
153:10 155:12 159:8
164:3 183:12 186:1
193:17 195:20
Exhibit 104:22,14
105:2,4, 6, 8,10,11,
14,16,18,10, 22, 24
106:25 108:15,20, 21
111:13 114:1,10
115:14 119:4, 5,17
120:11 124:4 126:7
135:3 136:11,16
138:14,16 144:6
173:13 175:3, 4
176:11 178:17
190:11 191:1
Florida Court Reporting
(561) 689-0999
Page: 5
EX MUS 104:21
105:1 134:12 142:1
188:5 196:20
exist 122:25 123:18
126:10 127:13
129:11 133:1 134:3,
8 143:7 155:6
157:18 162:16
179:24
existed 142:20 194:12
existing 123:13
139:22 162:19
163:13,14,16 191:10,
11
exists 174:16 177:8
expert 150:21
expiration 175:21
176:5, 7
expire 174:25
Expired 109:16
173:1,4 174:11,15,
20 192:22 193:8,15
Expires 197:17
explain 115:3 131:19
173:24
exposed 144:1
express 188:18
exterior 139:21
167:8 168:6,18
169:1
<F>
face-to-face 117:17,21
facie 194:1
fact 195:14
facts 186:13
failure 173:6
fair 130:17
fall 148:3,4 151:4
152:18
family 180:12,21
far 108:10 111:14
128:10 133:24
164:22 165:2, 4,16
169:24 176:4 178:14
Fax 105:16 111:18
138:20
faxed 173:17
faxing 139:2
features 141:11
federal 183:20,21, 22
184:3,12 185:5,11,19
feels 158:3
FF204428 197:17
Fifteen 144:4, 5
file 118:6,7 130:1
193:13
filed 183:25 193:20
194:19
fill 139:3
financing 181:2,13
find 112:10 113:4,6
141:21 143:22 149:4
158:2 172:4 186:12,
16
findings 138:11
fine 109:22 112:14
finish 182:9 184:20
190:7
firm 131:13
first 109:14 110:8
120:12 121:5 127:18
130:25 134:4 149:24
150:13 156:8 165:25
166:18 167:16
fit 146:5,20
Five 107:5 113:5
118:25 126:15
140:14 187:25
five-minute 118:15
Flagler 104:6
flat 120:19 121:6,17
135:15,16 136:1
flexibility 163:18,22
165:15
Florida 103:15 104:4,
7 106:3,4,15,16,21,
24 107:2,10,14
109:24 110:1,13
137:3 183:12 195:10
197:2,16
follow 106:15,16,18
130:12
following 116:10
125:14 130:25
follows 106:6
foot 153:5
forbidden 140:2
foregoing 197:7
forget 140:1
form 152:6,7 190:23
Formally 179:19
format 120:25
former 112:24
forms 150:1
forth 159:1
forums 128:13
forward 118:7
FOSTER 104:6
found 116:10 139:19
143:5 164:2
four 192:11,17
Fourteen 138:15
Fourth 190:14 191:1,
18 195:17
frame 173:9
framing 177:1
191:10,11
frankly 148:23
Friday 103:15 106:5
front 119:22 172:25
176:13
furnished 177:4
further 149:22
152:11
future 116:12
<G>
gable 139:24 150:2,
6 152:8,16,18,19, 20,
25 153:1, 2
gabled 152:17
gain 165:16
Garrison 122:24
Gary 104:10
general 182:24,25
Generally 118:10
132:21 138:4 177:2
generate 130:3
generation 124:1
gentleman 112:25
gentlemen 185:3
Georgian 121:20
122:2, 8,11,13 166:3
getting 118:19
148:19 181:21 189:2
Gina 106:2 197:5,16
give 115:7 164:13
166:15 188:13
given 114:15,16
152:10
gives 146:2 158:9
187:14
giving 152:1 164:10
194:7
glance 150:13
go 107:6 110:12
112:10 113:24, 25
123:19 127:23 134:4
136:21 137:20
144:24 148:1, 20
149:14 151:2,3
153:22 155:22
157:10 158:4, 7
160:15,17,18 161:19
162:3, 8 163:10,11
164:11 172:9 173:10
175:2 182:4, 6
184:23 187:7 188:6
194:6,11
goes 146:1 163:25
186:4
going 112:2 113:12,
15 134:11 144:11,13
157:24 164:7 170:18
180:5 182:8 183:4
184:6, 7 186:6
187:10,16 188:11,13,
17,19 190:10 196:4,9
good 114:25 115:10
119:12 134:21
Google 105:14
136:24 139:15 141:4
142:19, 21
Gotcha 136:5
gotten 149:9 153:25
176:16
grading 130:6
Grant 106:2 197:5,
16
gray 120:20 121:7,
19 169:24,25 170:3,
6,7,13
great 169:16
guess 136:24 142:14
143:18 155:10 160:4
161:21 184:22
193:17 196:14
guessing 147:14
Florida Court Reporting
(561) 689-0999
GULF 103:6,10,15
106:1,3 116:7 122:3,
7,22 123:6,18,21
127:19 129:7 130:7
133:3, 4 135:11
137:2, 3 139:18,25
141:10,12,16 142:15
143:5 150:3, 5,12
152:6,7 153:6 155:6
166:2, 5 170:13
179:11 194:22,24
Guys 181:19
<H>
halted 107:23
hand 174:3
handed 146:11
178:25
happen 186:20
happened 138:12
140:11 178:13
188:15
hard 130:14
head 163:19
header 167:14
heading 131:21
hear 138:8 160:2
185:8 187:12 188:8
191:24
heard 106:14 192:1
HEARING 103:10
106:1 116:3 119:3
141:25 142:2 164:9
168:22 171:9 172:5
179:16 184:15
189:14,18 196:21
heavy 186:25
help 130:11 139:21
154:17
helpful 134:4 158:12
160:7
highlighted 173:22
175:11
highlighting 174:5
hip 139:24 150:2,6
152:8,15,17,18,18,
20, 25, 25 153:2
history 122:21 123:5
164:10,11 184:7
M
C
C
hit 130:14 163:19
hitting 186:25
Hold 153:24
holder 173:7
holding 160:23
home 122:2,3,18,22
123:1,3 126:9,12,20
127:11,13,14 128:1
129:11 130:7 131:24
132:4,22 133:2,17,
18 134:6,8 137:4,21
138:3 140:17 142:20,
23, 25 143:1, 3, 9,11
153:4 154:15 157:2,
15,18,19 158:3
160:13,14 161:2, 3, 4,
21,22 162:8,12,17,
18,20, 22 163:9,13,
13,14,16, 24 164:21
165:4,16 166:2
169:21 180:23 181:1
homeowner 132:8
164:22
homes 121:20 122:6,
8 123:5,17 125:6,13
130:22 131:14,15
132:9 155:6 156:17
163:5 169:25 170:12
home's 139:20
Honor 114:1 116:19
117:14 134:11
164:10 180:1 181:22
hope 189:25
horse 139:14
hour 106:5
house 137:6 141:4,5
154:11 155:9 160:14,
18 161:1,7,11,13,17
167:9,21 168:3, 7, 9,
15,19 169:12
hundred 194:23
195:3
Hurricane 180:6,9
hurricanes 180:15
hypothetical 163:1
<I>
idea 137:20 143:13
IDENTIFICATION
104:21 105:1
identified 122:11
131:16 152:2
identifier 141:5
identifies 126:14
133:4
identify 109:9
139:22 141:9 190:15
Ignore 148:1
III 104:3
important 119:9
inaccurate 137:16
incomplete 149:6
192:17
inconsistencies 188:9,
21
inconsistent 167:8
168:3,5,18,15
incorporated 143:4
incorporates 139:17
incorrect 127:5, 7
128:11 156:15,16,21
158:6,10,11 176:4
incorrectly 156:19
independent 193:2
indicate 136:1 141:8
indicated 154:24
195:9
indicating 132:21
indicator 147:7
indicators 134:19
indulgence 186:25
influenced 142:16
influences 121:21
122:9,10 157:1
information 111:3, 7
158:11 176:16
179:14 181:8 186:8
initial 132:17
initiated 173:8
injunction 107:24
108:8
inquire 183:13
inside 141:6 154:8
inspected 191:10
inspection 107:21
110:16,17,21,25
175:20 192:23
inspections 192:21
install 143:17
installed 167:10
instances 118:7 134:4
insurance 180:22
intentions 187:18
interesting 160:10
interjection 138:23
interrogation 154:1
introduce 111:19
introduction 111:23
inventory 123:4
129:19,21 130:11
131:14 132:18, 20
133:8 137:23 138:1,
10 153:17 155:2
inventorying 129:10
Isaac 180:7,9,14,18
issue 112:7 171:12
187:21 191:21
issues 183:8 185:22
items 148:2
its 139:22 140:13
<J>
January 197:10
JOHN 104:8 106:23
107:6 109:18 116:16
119:5 166:19 172:3
184:24
JOHNSTON 104:6
JONES 104:6
j randolph@j onesfoster
.com 104:7
Judge 118:14
judicial 107:24 108:8
183:10
justifying 118:9
<K>
keep 118:6
kept 114:17
key 129:6
Kilday 131:11
kind 163:9 181:6
knew 110:4
know 109:7 112:1
113:14 115:9 116:19
118:18 122:10,13,14,
16,18,19 129:3,3
134:3 135:20 136:18
138:11,13, 25 140:11
Florida Court Reporting
(561)689-0999
142:9,13 143:19, 21
145:17 148:7,25
154:13 155:7,11, 25
156:20, 21 157:22
160:5, 6 161:11,14
163:2,4 165:25
166:14 169:18, 21,23
170:12,14,16 171:19,
24 172:1,11,12
174:19 176:9,9,14
177:7, 8,16, 22,23
178:2,11,14 180:17,
22 181:17,23 182:22
183:25 184:5,10, 23
185:15,22 188:11
189:7 194:18
knowing 117:24
knowledge 117:4,11
127:8 148:7 149:11
150:25 159:10 170:4
180:25 183:14 193:2
known 192:15
knows 148:5 183:14
<L>
laid 179:25
Lake 104:3
landscaping 109:19
language 142:17
149:23
lapse 156:18
Large 106:3
law 128:16,20
lawsuit 185:5,11,19,
20
lawsuits 183:24
185:15 195:5, 8
lawyer 196:8
layman's 108:3
layout 139:21 149:25
152:24
lays 123:13
lead 164:8
leading 196:4, 7
left 145:11,14
146:13, 24
legal 108:12 191:24
195:12
Letter 105:20,22
109:9,11 153:20
156:4 166:10,25
167:1 168:13,20
172:24, 25 173:2, 5,
16,19 175:1,7,25
176:15 177:6, 8
191:3, 6,16
letters 176:15
Level 142:25 143:2
161:18 162:6
liberal 164:21 165:3,
6,14
licensed 191:4
lightest 191:13
limited 163:22
line 124:19
link 116:10
list 141:15 142:4,11
148:1 149:4, 5, 6
listed 108:5 123:21
listen 155:16
listing 141:12 148:8
149:1
listings 131:24
lists 132:25
litigating 183:15
litigation 108:7
182:23 183:18
little 124:7 175:19
184:17
living 180:12
loads 191:12
local 128:20,21
located 179:20
190:20
location 125:13
log 117:21 118:3,4,
5,11 129:9
long 110:20 192:9
longer 174:16
longhand 131:12
look 107:12 115:2
119:15, 21 124:14
125:22 133:17 135:5
137:23 145:22 146:4
147:11 149:19
151:18,19 153:22
169:14
looked 132:13 138:9
looking 107:13
120:23 132:16
149:18 153:23
155:8
163:2
Looks 138:20
154:9
163:24
Loone 191:4
lost 168:12
lot 107:17 116:23
117:25 139:1
160:11,
13 161:1, 7,10
163:21 181:22
186:22 188:21
196:4
LOUIS 104:3
low 139:24 167:24, 24
Lund 177:6, 9
<M>
Magistrate 104:10
106:8,11 107:5
108:16,19,13 111:11,
21 112:11,23 113:11,
18, 21,24 114:4, 7, 11,
13,19, 22, 25 115:10
116:3 118:16, 25
119:2,12 120:13
121:3,9,11,14 124:3
134:15, 21, 24 136:13,
21 138:15 139:6
144:4,10,15 146:9
148:6,13,17, 22
149:14 153:24 154:4
155:12,18 157:10,23
159:12,14 164:6,12
173:12 181:19 182:1,
14,16 183:1,16
185:3, 7 186:1, 18
187:2, 6,18 188:2, 4,
22 189:3,9,13, 19
190:4 192:1 194:25
195:2 196:6,12
maintains 163:12
major 167:18 169:10
majority 169:16
making 117:25 165:4
manager 109:13
148:24 155:25
Map 105:8 123:14,
17 124:25 125:14
126:9,16,17 127:3, 5,
6,17,12 128:3,11
129:1,6,9,13 130:18
131:16 137:15
154:24 156:14,23
157:3,16 158:15,17,
19 159:4, 6
marked 123:10
Marty 133:14 139:12
141:1 145:15 170:17
match 146:25 162:20
material 121:15
materials 139:13
167:8,10,15 168:6,
18 169:1, 2
matter 115:22
116:14 134:3 183:3
184:6, 9,10
mean 106:17 146:7
162:25 180:8
measuring 153:4
Mediterranean
123:21 132:9 149:25
150:8,13 152:5, 9,21
153:7
meet 149:12,20
166:7
meetings 154:20
memory 188:15
mention 145:20
173:4 185:14
mentioned 107:8, 9
111:22 123:2 126:15
129:25 130:11
140:22 143:10, 23
145:16,18 146:22
149:8 173:1 185:12,
18
mentions 153:21
169:6
met 144:14 147:8
metal 171:1,10,15,
20 176:22,24 190:22,
24 191:16 195:17
mine 132:24 148:1
178:21
Mine's 135:6
Minor 133:14 138:2
139:12 141:2 145:16,
17 147:1 148:3
153:20 170:17 186:5
187:13
Florida Court Reporting
(561) 689-0999
Page: 8
Minor's 145:4 153:8
155:2
minute 123:9 134:9
minutes 112:11
113:6 118:25 126:15
151:1,22,24 159:22
182:2,3 188:1 190:5
missing 131:15
misstating 129:5
mistake 144:2
mix 162:20,23
modifications 165:4
modified 112:3 134:2
modify 156:23 161:8
moment 170:22
months 157:3 174:18,
22 175:22
morning 111:16
189:16
motivation 141:19
143:20 183:7
mouth 110:20
move 139:7 154:1
155:19 182:18
multipane 147:3
<N>
nail 163:19
name 180:18
near 116:5 118:22
143:18 181:21 182:1
need 126:2 141:12
151:23 164:15
166:25 171:16 179:4
183:13 187:9,14
needed 171:4,10
176:21 178:2 191:14
needs 128:12
neighborhood 167:23
168:16 169:8
neighboring 167:21
168:10 169:13,15
never 127:7 129:18
130:20 134:2 141:14
159:3 178:9 193:20
new 161:10 163:13
175:15
Nineteen 114:25
nonpreferred 139:23
E-
N
C
C
140:1
Nope 129:18
normal 128:7
Nos 135:3
Notary 106:2 197:16
notation 115:1
note 113:1 129:23
131:22
notebook 118:6
notes 172:9 197:8
Notice 104:24 107:8
109:10,11 119:19
120:7,10 168:4,21
169:6 173:5 174:2
179:15,16 196:8
noticed 192:13
notices 174:13
November 104:24
109:11 173:19 174:1,
11,17,21,22 190:18
number 116:12
numbers 131:25
132:2
<O>
oath 106:9
object 164:3 181:5
objection 108:17
111:10 119:14
124:11 126:6 136:17,
18 146:8 147:16
151:6,16 157:9
189:24 190:1 191:25
192:2 194:21 195:21
196:3,10
objections 136:19
Observation 128:1
129:2
obtained 111:4
obviously 184:10
occasion 154:19
occupied 179:17
o'clock 159:16
office 129:10 154:8
official 111:5 113:10
192:25 193:4
Ob 114:15 126:4
144:2 150:11 157:16
172:8 179:2 195:24
O'HARE 103:4
109:12 113:9 115:18
116:18 119:20 120:3
132:4 137:4 142:24
143:15 144:21
147:23 148:21
150:18 151:7 154:7
157:6,21 158:2
160:11 163:20
165:18 170:6,11,15
171:9 174:4,12
175:8 176:15 180:11,
20 182:5,23 185:13
187:4,11 188:25
190:20,22 193:6
194:19 195:15,10,12
O'Hare's 108:7
123:1, 3 126:9,12,20
133:1 147:19, 20
153:4 173:1 176:20
179:11 181:11
191:15 192:6
Okay 106:20 108:10
109:5, 6,17 110:24
111:6,9,11,19
112:17,23 113:7,24
114:4, 7,11, 22
115:12,22 116:16
117:13 118:14
119:16 121:3, 7,9
122:5 124:15,19
125:25 130:13,17
135:8,12 138:13
139:9 140:12, 21
141:17 144:15
145:14 147:5 148:13
153:13, 24 154:3
155:18 160:11
164:12 167:3 168:13
169:5,14 170:2
174:1, 8 175:2,19,24
176:17 180:14
181:19 186:3 187:2
189:9 193:5,20
196:12
once 173:8
ones 146:22,23,24
151:3, 4 164:21
165:5
open 154:16
opening 164:13,14
opined 171:9
opinion 108:1, 9, 10,
13 142:3 144:12
155:2 171:4 191:14
193:7 195:9
opinions 196:19
opportunity 149:22
opposed 152:25 164:4
order 107:24 108:8
120:6 127:23 151:18
171:10 176:22
ordinance 112:4
115:9
original 115:6,9
116:9 134:1
Originally 131:10
Orlando 104:4
other's 196:18
ought 148:14
outlined 108:4
outside 132:19 140:6
overhang 153:3
overhanging 167:25
overhangs 153:3, 7
overrule 196:9
Overruled 136:11
194:25 195:1
owner 160:10 173:7
owners 135:20
owner's 161:22
<P>
P.A 104:6
p.m 103:16,16 106:5
196:24
packet 152:13
PAGE 104:16,21
105:1 114:12,23,24
115:4 120:12 123:12
124:14, 22,22 125:14,
20,22 126:3 139:10
pages 145:9
paid 116:8
painted 170:8
Palm 104:7 106:4
194:20 197:3
paper 130:10
papers 184:25 185:1
Florida Court Reporting
(561) 689-0999
Page: 9
paragraph 109:15,19
121:15 167:16 174:7
175:13,17
Pardon 145:6 152:23
163:15
part 109:5 112:12
114:4 120:4 124:1
128:3 129:13,16
147:13 154:25 155:1,
3 164:1 168:2
173:21 175:10,11, 12
191:17 192:6
partially 180:12
particular 185:18
particulars 171:19
party 158:4, 5
patience 184:17
pending 195:5
percent 163:4
period 180:16 192:17
permit 107:20
109:16,20 110:15,22
143:17,20 163:25
165:19 171:14,20
173:1, 4, 7,9 174:10,
11,16, 20 175:9,15,
10 177:21 185:24
190:19 192:15,22
193:8,25 194:7
permitted 121:19
122:6, 8 190:23
person 161:2 162:17
personally 142:15
petition 114:17, 23
191:1
petitioner's 190:16
phone 117:17,21
photo 137:22
photograph 136:9
142:18
photos 143:7
pictorial 158:13
picture 105:14
135:22 136:23,24
piece 178:15
pitch 139:24
plan 183:8
planning 122:23
123:7 127:21 129:8
131:9 150:23, 24
156:9
plants 109:3
Plaza 163:5 169:16,
22
Please 116:11,12
119:3 124:14 138:18
139:7, 9,11 140:21
141:9, 9 145:2
146:11 149:19
153:14 155:19
173:15 175:13 179:9,
23 183:16
point 127:11 132:17
136:5, 8 148:22, 23
149:3,13 153:25
160:10 176:1 180:13
188:7
portions 121:15
possible 156:6 163:7
171:6 177:24 191:13
possibly 154:1
practice 134:3
preamble 169:9
predicate 179:25
predominant 132:22
138:3 139:18 140:13,
23 141:15 142:3
155:8 165:11
predominantly
121:20 122:3, 7, 19,
20 126:22 127:16
133:20
preemption 171:22
prefer 110:11 173:25
Preferred 144:1
prepare 151:17
prepared 138:20,24
144:18 147:24 151:8,
15
present 104:10 116:3
123:1 126:20 141:12
160:2 161:20
Presently 131:12
prevail 128:22
prevailing 142:7
157:1
prevalent 142:9
previous 128:15
129:24 131:7, 8
175:25 176:11
previously 116:24
125:1 160:18 161:14
prima 194:1
primarily 118:9
primary 134:5
principles 131:13
print 179:3
printed 124:9
prior 194:6
probably 142:16
problems 159:19
procedure 128:8
155:25 156:7
proceed 164:16
proceedings 196:23
197:7, 9
process 107:25 108:8
127:10 154:6 156:8
157:4 161:20, 23
195:12
produce 112:9,13,24
produced 112:8,15
131:11 148:17
product 130:24
147:18, 19,20
professional 191:4
proffered 178:12
profile 167:24
progress 107:20
110:15 116:4
prohibited 165:8
168:25
prohibits 167:7
168:17
project 192:16 194:5
proper 128:13
property 124:16
167:9 168:6,19
169:2 173:7 179:17,
20 190:19
proportion 167:19
169:11
proposed 125:10
proposing 193:11
provide 167:25 194:4
provided 111:25
114:2 131:17 132:21
142:19 154:18
161:25 177:7
provision 107:21
108:4 161:19 193:23,
24
provisions 106:20
112:25
public 105:2 106:2
115:17,20, 23 116:8
130:4, 5,9 179:11
183:23,24 185:12,15
192:12 194:18 195:7
197:16
purpose 118:9
pursuant 112:20
put 108:24 110:19
119:7 144:7 146:3
154:11 160:25
164:23 166:16,17
175:21
puts 176:1
putting 115:8
<Q>
qualifies 108:7
question 108:11
109:22 112:23
118:17 140:10 141:6,
22 142:13 151:6
153:11,14 155:14
157:11,13, 24 159:13
160:9 161:3 163:1,2
164:5,15, 24 172:18
174:20 183:2 184:11,
12,22 185:4
questioned 164:14
178:4
questioning 124:9
questions 111:9,15
119:21 144:12,14
146:10 149:15
155:13 160:1 164:17
181:6,20, 22 182:17
185:9 189:10 192:20
195:25
quite 118:12
quote 111:18
<R>
Florida Court Reporting
(561) 689-0999
R-10 126:1
Rll 135:5, 6
R13 136:12
R14 144:3
R16 176:12,18
R17 175:3 176:18
R18 178:16
R5 108:17
R6 108:22 111:12
R7 115:13
R8 119:13 124:2
R9 124:3, 5
rafter 143:6,10,11,
16,18, 23 144:1
154:11
raise 183:8
raised 183:9
RANDOLPH 104:8,
19 107:1 108:16,18,
24 109:3, 6,21
111:10 112:22 113:4,
7,19, 21, 23 116:17,
22,24 118:17 119:14
120:7,10 124:11
126:2, 6 136:14,17
144:17, 24 146:7
147:16 151:5,14,19
153:10 157:8,14
158:20,23 159:5,12,
15,18 160:4,7 161:9,
15 164:3,9 166:20,
22 167:3 170:17,24
171:8 172:10 178:18,
25 179:4,7 181:5,12,
17,24 182:10 184:2,
8,19 185:1 186:10,
13,14 189:17,22,25
190:6, 9 191:25
194:24 195:4,20, 24
196:5, 8,11, 22
rank 164:20 165:2
razes 160:14
reached 170:18
read 107:2,18 110:7,
9,11, 23 111:2 121:2,
2 125:5,11 131:2
137:1 138:5, 7
139:11,13 140:21
141:2 145:2 155:10,
11 158:8 167:12
iu
K
O
C
C-'
168:4, 5 173:21,22,
23,25 174:6 175:13
179:13
reading 115:7 121:17
reads 152:20
real 117:11 119:9
170:16
really 143:19 147:25
186:24
reason 134:16
165:24 167:5
reasoning 176:24
reasons 183:5
reassuring 167:25
rebuttal 186:11
recall 109:2 118:5
130:4, 5 132:2
159:11 169:20
171:12 172:1, 8,12
177:11,14,19 178:7
180:5 184:16,19
185:16 186:15,19
187:12
recalled 187:19
receipt 174:12
received 107:20
110:15 115:25 116:7
174:3,9
recess 118:15,23
119:1 182:15 188:3
recognize 145:14
147:5
recollect 176:23,24
recollection 117:18
171:8 184:4
recommend 156:4, 10
recommendation
140:19 156:22
recommends 156:10
record 112:10 116:2
136:20 144:17
147:17 158:7 164:1
166:13 170:20
177:18 178:22
179:15 182:6 186:22
188:10,13,14 191:17
196:3
recorded 118:8,12
records 105:2 115:17,
20,23 116:8, 9,13
130:5, 6,10 140:7
176:2 178:12 179:11,
24 183:24,24 185:12,
15 190:11 192:13
194:18 195:7
rectangular 139:20
149:14 150:1 152:6,
7,24
rectilinear 139:11
141:11 145:10
red 141:6
redlined 115:5
refer 116:11 125:3
130:13 131:3 159:5
176:9
reference 106:23
110:1 116:11 131:20
171:25
referenced 107:11
113:1 139:10 191:11
references 125:15
referencing 124:7, 8
138:21 141:3
referred 124:25
125:1,17 129:22
130:25 159:6
referring 120:5
123:16 124:22
125:19 151:14
168:12 169:23
176:14 180:17
refers 123:25
reflective 156:24
refrained 195:14
refresh 184:4
regard 109:3 116:1
147:20 151:7 159:13
190:13 192:7,10
193:1, 5,13 195:10,
11,15
regarding 162:11
171:1, 4 173:18
175:9 178:5 180:6
184:22
regards 108:5 112:21
177:25 178:6 190:19
rehabilitations 125:9
reinforce 143:8
reinforced 143:6,13,
16
rejected 177:20
related 112:7
relates 143:3 158:14
relating 190:12
relaxed 186:23
relay 130:15
relevance 148:14,18
183:1 187:9
relevancy 136:18,19
147:21 181:5
relevant 109:7 113:2
relied 127:15,18
129:1, 2 133:6, 8,10
142:21 153:20
rely 111:7 137:22
139:15 142:11
relying 127:17 149:6
153:8
remain 189:14
remained 192:9,17
remember 111:1,2
117:6 128:16 130:9
143:16,19 157:12
171:18
remind 106:8
removed 137:7
render 108:13
renewed 174:11,11
Repeat 164:14
report 132:20,24,25
139:10,13 172:4,13
197:6
representation 151:21
request 105:2 115:18,
18, 21,23 116:8,9,9
130:5, 6,10 133:10
156:2,3 179:11,14
185:12 190:17,21, 23
191:15 192:13
requesting 170:7
requests 194:19
require 162:17
Required 120:19
175:16 177:11
194:10,10
requirements 127:1
reread 122:5
reroof 175:15
Florida Court Reporting
(561)689-0999
Reroofed 135:14,25
136:3, 4
reroofing 109:16
174:16
reserve 186:7
resident 179:16
respect 184:24
respecting 196:18
respond 189:6
responded 151:24
Respondent's 104:22,
24 105:2,4, 6, 8, 10,
12,14,16,18, 20, 22,
14 108:20 111:13
115:14 119:17 124:4
126:7 135:3 136:16
138:16 144:6 173:13
175:4 178:17
Response 105:2,14
115:17,20 116:5
178:12 179:10,22
192:12
rest 174:6
restore 194:15
restrictive 164:21
165:5, 7,10,12
rests 156:8
resubmit 119:11
result 132:15 195:12
resume 119:2
review 133:19 141:8
144:8 156:8, 9
161:20,23 162:6
170:23 173:23
revision 190:17, 21, 23
ride 141:9
right 107:1 111:1
113:16 120:13
124:10 126:3 129:14
131:24 134:15
145:12 181:14 185:3,
19 186:7,10,11
187:21 189:13
190:25 191:15
192:24
Rita 104:10 113:4
138:21,24 139:1
Road 104:3 106:3
ROEDER 104:3,18
106:13,13 107:4, 6, 7
Ii
108:14, 21 109:1, 4, 8,
17,23 111:8,14
112:1,17,18 113:17
114:1,6,9,12,15,21,
24 115:3,12,15
116:16, 21 117:13,15
118:14, 22 119:4,16,
18 120:16 121:22
124:2, 5,12 126:1, 4,
8 134:9,16, 22 135:1,
4 136:11,15, 22
138:13,17 139:8
144:5, 7,13, 20 145:1
146:12 147:25
148:16,20 149:3,16,
17 150:16,19 151:9,
17,22 152:3 153:15
154:3, 5 155:16,20
157:20 158:1, 7,16,
11, 25 159:7,15,17,
24 160:6, 8 161:11
162:1 164:8,18, 19
166:12,21, 23 167:2,
4 170:19, 21 173:10,
14,17 175:2, 5
178:15, 23 179:2, 5, 8,
25 180:4 181:7,15,
21, 25 182:4,19, 21
183:4,17 184:5,14,
24 185:6,10 186:3,
12,16, 21 187:4,11,
25 188:7, 24 189:5,
12, 15, 24 190:2
191:23 192:4 194:21
196:2
roof 110:16, 24 116:1
121:24, 24 132:5, 8
135:17,21,24 137:6,
17,18 139:23 141:7
152:17 153:3 154:11
163:25 167:7,14,22
169:18 171:1,11,15,
20 176:22,24 177:1,
2, 24 178:9 180:13,
23 181:2,13,16
185:24 190:22,14
191:8,10,11,13,16
192:7,9 193:6
194:11,15 195:17,18
roofing 167:8 168:5,
18 169:1 175:9
191:13
rooflines 167:24
roofs 152:13,15,16
167:17,18 169:10
170:5
rough 143:4
ruled 187:3 188:22
rules 186:22
ruling 187:19 188:23
runoff 178:7
<S>
sandwich 171:15,23
195:18
saved 107:17
saying 108:6 110:6,
10, 18, 20 114:5, 23
129:1, 2 143:13
150:7 154:22 158:8
163:4 166:6 171:15
176:15 181:12,15,18
186:4
says 108:3 115:9
118:6 120:19 121:5
122:7 135:13,25
136:4 146:3 149:1,1,
5 152:17 154:9,23
159:2 167:13 168:16,
23, 24, 25 169:8
173:24 174:20
186:17 190:21, 24
193:25
scape 167:23
scope 117:11
Sea 106:3
second 108:2 110:7
117:13 139:9 166:18
175:12,17,18 179:14
secretary 111:17
Section 107:14 110:2,
3,13 111:18, 23
112:3 119:20 120:14
139:19 143:25 146:5
149:19 152:12 155:4
167:6, 7,11 168:24
169:9 173:6 179:18,
19 194:5 195:11
Sections 122:24
126:19 168:11
see 108:14 111:20
112:7 114:18 115:5
120:6, 7, 9,10 126:2,
9 134:20 136:5
144:14 145:10,11
146:1,13,15,19,21
147:1,7,9,11,21
150:2, 7, 9,11 151:2,
3 152:8,12,14,15
166:19 172:20
175:19 182:12
186:18 190:6
seeing 141:25
seen 142:22 192:5
sees 163:24
send 112:5 113:15
sending 156:4
seniors 131:13
sense 167:25
sent 142:4 179:16,20
sentence 108:2 110:8,
23 121:5 124:20
125:4, 5,11 175:13,
18 179:14
September 175:8,25
176:19 193:16,18
serious 192:5
session 111:16
sessions 177:13, 13
set 123:3
setting 117:7
shade 168:1
sheet 114:16 129:9,
19, 22 130:10, 21
141:7 154:8 158:9
160:17 162:13
sheets 130:1, 2,19
131:3, 6,10 134:2
137:15 155:3
Shelley 109:12
shelter 168:1
shingle 169:19
short 153:2, 6
shortcut 113:20
shortly 132:14 174:12
show 109:6 119:7
134:18,19 135:22
Florida Court Reporting
(561) 689-0999
1L
136:23 144:2 183:4
184:2 190:10
showing 127:3 140:8
shown 125:13 126:16,
17
shows 134:17 136:24
137:2,10
side 158:14
signature 129:7
signed 109:12 123:6
129:23 173:18 175:8
similar 107:24 108:8
122:14,17 133:25
135:14,14, 25 136:1,
4 171:25 183:11
Similarities 167:22
simple 139:20
149:24,25 152:5, 7
153:2
simplify 165:22
simulated 143:11
single 146:5
sir 106:10 108:23
112:13 113:11,17
115:11 144:10 146:9
155:12,14,17 157:23
159:8 182:16 188:6
189:4,12 195:23
sitting 154:8
situation 192:16
six 140:14 149:8,9,
10 153:21 174:17,22
175:22
Sixteen 173:12
slate 121:7,19
165:18,19,23 166:1
169:24,25 170:4, 4,16
slate -like 120:21
166:1 170:3, 6, 7,13,
15
slope 167:14
smooth 120:20 121:6,
18 139:21 143:3,4
solar 171:14, 23
195:18
Soleil 116:2 129:21
137:2 139:16 141:3
163:5 169:16, 22
173:18 179:21
190:20
`_
EN
O
somebody 117:22
160:11,13 162:2
163:8 165:14
sorry 120:21 122:12
124:22 135:6 137:3
138:14 149:16
150:12 153:13
160:12 169:5 182:11
sought 115:23
Sounds 108:12
130:17 164:4
South 104:6
Spanish 132:5, 8, 9
133:21 142:11
143:24 145:11 146:4,
4,18, 21 147:12,13
148:4,10 149:12,19,
21 150:8,12 151:4,
12,13 152:20 153:7
154:11 160:22 162:3
163:11 165:1
Sparkling 104:3
speaks 154:19
Special 104:10 106:8,
11 107:5 108:16,19,
23 111:11, 21 112:12,
23 113:11,18, 21, 24
114:4, 7,11, 13,19,22,
25 115:10 116:3
118:16,25 119:2,12
120:13 121:3, 9,11,
14 124:3 134:15,21,
24 136:13,21 138:15
139:6 144:4,10,15
146:9 148:6,13,17,
22 149:14 153:24
154:4 155:12,18
157:10,23 159:14
164:6,12 173:12
181:19 182:1,14,16
183:1,16 185:3, 7
186:1,18 187:2,6,18
188:2,4,22 189:3,9,
13,19 190:4 192:1
194:25 195:2 196:6,
12
specific 120:17 131:8
specifically 120:4
176:23 179:13
spring 137:5
stand 121:8
standards 125:8
standing 186:24
stands 188:23
start 127:22 130:18,
10 174:6 189:1
started 129:17,19
153:23
starting 132:17
153:12
State 106:2,4 111:17
136:20 147:16 169:9
171:22 192:10 197:2,
16
stated 123:20 145:3
168:14 176:25
statement 128:19
164:13,14 168:21
states 110:14 168:17
173:6 175:1 191:9
status 182:23 183:25
statute 111:17
stay 139:7
Steam 116:7 155:6
170:13
stenographically
197:6
stenotype 197:8
Steve 159:15
stickies 190:16
stipulation 159:15
stock 123:4,5 127:19
129:6,19,13 131:15
137:23 138:9
stop 185:4
STREAM 103:6,10,
15 106:1, 4 122:3, 7,
12 123:6,18, 21
127:19 129:7 130:8
133:3, 4 135:11
137:3,3 139:18, 25
141:10,12,16 142:15
143:5 150:3, 5,12
152:6, 7 153:6 166:2,
5 179:11 194:12, 24
street 167:23 169:19
strike 107:23
strong 139:15 149:25
152:5,22,24
structure 175:16
177:1 191:7
STUBBS 104:6
stucco 139:21 143:3,
4,4
Studios 131:11,13
study 149:22
style 105:10,12
122:13,12 126:11,13,
13 127:12,14 130:1,
2,18 131:3,6,10,19
132:7,13,16, 22
133:2, 3, 4, 6,18
134:6,10 135:9,10,
11 137:15 138:3
139:18, 22,24 140:2,
13,23 141:15 142:3,
10 143:1 148:4
149:12,21 152:9
154:8,13,14 155:2, 6,
8, 9 157:2, 5,15,19
158:3,9 160:14
161:21 162:7,12,15,
19 163:12 166:2
167:21 168:9 169:12
styles 123:14 125:8
126:14 139:17
162:21,23 164:20,23,
25 165:1,9 169:17
styling 163:9
subject 115:22 125:8
173:19 174:10, 20
184:6,9, 9,10
submit 106:24
109:17 126:1 134:11
138:13 172:12
173:10
submitted 119:5, 6
120:24,24 166:13
submitting 178:21
Subnote 111:24
subpoena 112:5, 20
Subsections 107:15
subtotal 146:25
147:4 149:10
subtotals 145:15
suggesting 112:14
suit 184:22
Suite 104:6
Florida Court Reporting
(561)689-0999
Page: 13
suits 195:16
summer 137:5
support 143:18
177:1 191:12
suppose 109:21
Sure 118:16 138:6
141:23 148:23
157:12 159:3,10,14
171:18 177:18,13
182:14 186:6 187:17
survey 123:16
124:16,21 125:7,15
126:14 127:10
129:20, 25 131:16
142:16 144:9 154:24
156:16 158:14 159:6,
9 160:17 162:13
surveys 130:21
Sustained 146:9
system 123:23, 25
129:12 130:7,19, 24
133:24,25 136:8
191:13
systems 136:6
<T>
T10 114:2
T2 120:13 167:1,2
T3 166:21
T9 190:11
tabbed 190:15,25
tails 143:6,10,12,16,
18,23 144:1 154:11
take 112:15 115:1
118:10,14,18,13
119:14,21 134:9
147:11 149:8,10
159:24 169:14
170:22 180:3 196:10
taken 106:2 136:9
160:25
takes 151:22
talked 155:1, 1
169:15
talking 124:16 155:7
175:17 184:3 193:24
talks 166:9
Taylor 104:10 138:21
TC 166:16
tecum 112:5,10
telephone 117:19,19,
20 118:5, 8
tell 109:14 119:22
120:4 121:3 126:11
130:16 140:23, 24
148:2,18 151:4,12,
18,20 154:10 157:21
167:12 179:9
telling 140:12 154:12
ten 159:22 182:2,3
tenure 127:9 159:11
terms 108:3 192:7
terracotta 135:15, 16,
24 136:1 141:7
194:11,15
Terrance 191:4
testified 107:3 172:19
testify 146:8 147:20,
23 164:16 187:20
188:12 189:1 196:9
testifying 144:11
147:22 164:4 165:1
172:22 196:7
testimony 118:20
126:22 141:18,20
165:21 170:23
172:10 181:11
187:13 189:2 192:3
text 125:3 131:25
132:2
texture 167:20
169:11
Thank 106:11
107:16 115:10
119:16, 25 120:2
136:13 154:4 164:18
167:3 179:7 196:16,
22
theme 164:7
thing 120:25 133:16
134:13 135:19
141:25 147:22
161:16 171:14
things 128:21 143:8
182:5
think 108:2, 22
109:1 111:8 114:17
116:22 119:9, 23
121:4 137:5 139:10
140:13,16, 20 142:14
144:21 147:11
148:14,19 150:16
151:4, 23,25 153:25
154:10 161:1 163:19,
25 164:25 165:11
166:10,12,15,16
167:1,16 168:4, 5
170:10,24 171:24
172:2,3,15 173:3, 3
176:6, 7 177:9, 13, 22,
24 178:6, 8,23 180:8,
9,14 182:8 183:9
188:4,16,22 189:22
193:23
thinks 144:23
third 158:4, 5 166:18
thoroughness 120:1
thought 142:15
164:2 172:10,19, 23
186:21, 22
THRASHER 104:17
112:6,19 118:24
138:22 144:8 147:21
148:6 159:21 160:2,
5 180:3 181:9 182:9
183:10 184:16, 20
185:5 186:6,17
187:15,24 188:10,18,
20 189:10,20 190:10
192:5
Thrasher's 144:22
147:18
three 133:22 155:15
164:23, 25 165:1
file 120:20,21 121:7,
7,19,19, 24 132:5, 8
133:21 135:14, 25
136:1, 4 137:10,11,
17,18,19 139:23
140:4, 5,9 154:11
165:19,19, 23 166:1
169:22,24, 25 170:3,
4, 7, 9,13 177:2
191:8,13 194:11,15
tiles 170:4
time 122:15 127:11
131:11 142:24 152:2,
11 156:18 172:23
173:9 177:19 180:13,
16 182:9 185:16
186:19 187:7, 20
194:12 196:1
times 117:12 124:9
142:23 155:15
157:24
timing 117:9
title 114:16
titled 145:2
Tobias 106:14 107:1,
9 118:18 159:15
181:24 182:10,11
183:9 186:5 187:13
today 113:13,14
115:19 129:12
159:23 164:1 170:19
184:6, 21 189:11
today's 196:13
told 118:19
tolling 195:11
tomorrow 189:16
top 145:11 146:15
149:8, 9,10 151:3
153:21
topic 139:7
tore 161:13 194:15
torn 161:18
total 164:10
totally 189:3
TOWN 103:6,10
104:10 105:4, 6
106:1,16 108:11
109:13 112:10 113:5
114:21 115:25 116:7
120:23 123:7,18
124:6 127:20 128:14
129:8 139:4 140:8
144:18 150:22
154:20 155:24 156:2,
4,11, 12, 24 158:3
167:9 168:7,15,19
169:7 170:15 174:9
177:20 178:4 179:18
182:23 183:25 192:7,
18 194:19, 22, 24
195:6,14
town, 168:3
Town's 116:11 119:6
124:10 145:8 174:13
transcript 197:7
Florida Court Reporting
(561)689-0999
Page: 14
transcription 197:8
Trasher 170:22
trial 183:21
trouble 107:17
true 197:7
try 179:5 182:4, 5
trying 130:12,15
141:19,24 149:4
155:16 161:8 164:11
166:17 169:3 172:9
180:2 181:8 186:12
196:8
turn 139:9
twice 155:15 188:23
two 112:11 134:11
146:15 149:23
150:14,14 152:2, 4
165:11 177:13
190:15
type 121:25 131:23
161:22
typed 136:10 139:1
types 123:17 167:22
typewriter 139:3
typical 153:6, 7
typically 139:1
Typing 138:25
<U>
ultimate 156:7
uncoated 120:20
121:7,18
underlayment 121:25
underlining 168:1
underneath 106:21
146:20 147:13 148:4
183:12
understand 130:12,
15 183:19 185:20
186:14
understanding 110:19
141:24 156:25
182:24,25
unfinished 192:10
unfortunately 139:15
unknown 121:25
updated 125:16
127:10 157:3, 5, 7,14,
17
Urban 131:11,12
M
use 112:4 128:22,24
136:8 139:16 190:5
uses 139:3, 23
<V>
Vaguely 177:15
valid 110:22
value 165:16
variables 145:10,14,
15,18 146:13 149:8,
12,18, 20 151:10,13
153:21,22,23
variance 140:9
170:25 171:5,16,17
176:22 193:20
various 117:12
123:12 126:14 127:4,
25 132:25 139:17
142:11 148:9 154:10,
23,24 156:3 160:22
162:23,14 163:6,10,
12,17, 21,24 165:2, 6,
13,15 169:17 195:16
verbal 116:14,19,13,
24 117:3,5,16,19
verbally 118:1 177:25
verification 180:14
verified 137:14
version 126:5
versus 145:8
violating 119:20
violation 104:24
107:9 109:10,11
119:19 120:3, 8,11,
18 121:16,23 166:25
167:6,10 168:14,17,
21 169:6 173:5,9,19
174:13,15 179:12,16,
18 183:6 192:14
violations 174:3
visible 167:8, 22
168:6,18 169:1,10
visual 167:18
vs 103:5
<W>
wait 144:20 147:2
148:21 186:18
188:25 189:5
walk 184:17
want 109:4 110:9,19
112:13 113:12
116:19 118:18 120:7,
9 123:10 134:22
138:5, 6, 8 142:9
144:10 155:21 158:7,
18, 21, 23, 25 159:2
160:4 161:4, 8 162:7,
25 163:3,12 165:17
166:14,19 168:1
175:10 182:18,19,22
184:15,16,19,21
188:7,18, 24 189:2,
11 190:3
wanted 155:23, 24
160:21 163:8 188:25
wanting 161:24
176:14
wants 120:10 148:1
150:20 161:2 162:3,
18 182:5 187:17
190:11, 24
way 117:24 141:21
142:10 148:10
150:16 155:25 158:2
178:1, 3 185:23
ways 156:3
website 116:11
124:10
welcome 189:21
Well 112:12 114:19
121:24 122:2 125:2,
6 128:19 129:13
136:3 139:14 140:25
141:18, 21 144:15
146:3 149:3,14
150:4 151:13 154:16
155:18 161:16 166:6
168:13 170:10
171:13 174:19
176:11 179:3 184:8,
22 185:11 186:10
189:19 190:4, 5
went 146:4 191:6
we're 113:11 118:22
121:9,10,11 136:19
154:16 168:12
181:15,21 182:1, 8
183:4 187:15,16
188:17 189:9 193:24
West 104:7
we've 183:9 188:22
white 105:10 120:19
121:6,18 125:23
134:13,18 135:1, 7
WILLIAM 104:17
138:21
windows 139:21
145:20 147:3 168:1
wit 106:6
withhold 191:8
WITNESS 104:16
106:10 113:8,25
120:6, 9,14 121:5,10,
13,17 148:11,15
151:23 153:13
157:12,16 158:12
161:16 182:17,18
187:23 191:24
194:22 195:1, 3
196:7
witnesses 159:13
164:15 180:2 181:10
188:9 189:11 196:17
word 158:13
wording 120:17
166:24
words 110:20 130:14
150:6
Work 107:19,23
110:14 147:18,19,20
working 150:25
workload 118:11
writ 114:17
writing 134:17
written 127:10 129:8,
13 131:22 132:24,25,
25 142:1 158:13
174:8 175:7,24
wrong 130:15 132:3
139:4 143:25 156:15
172:3 180:16
wrote 168:10
<Y>
Yeah 109:4 113:5
130:1 136:2 140:16
152:14 158:15
162:15 181:15
Florida Court Reporting
(561)689-0999
Page: 15
years 180:17 192:11,
17
yellow 190:16
m
C-1
L