12-01-1998 VC SP-MMINUTES OF SPECIAL SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD TUESDAY, DECEMBER 1, 1998
•
Present:
ROLL CALL
David B. Norris, Mayor
Charles O'Meilia, Vice Mayor
Dr. Edward M. Eissey, President Pro Tem
Gail H. Vastola, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Mayor Norris called the meeting to order at 5:36 p.m. All members of Council were
present. All members of staff were present. -
RECESS FOR ATTORNEY-CLIENT SESSION
Mayor Norris announced that the Village Council would recess and go to a closed
Attorney-Client Session regarding Crystal's lawsuit, with an estimated time of 30 minutes.
. Mayor Norris also announced that the Attorney-Client Session would be attended by
Special Counsel Thomas Baird, Village Attorney George Baldwin, all Village Councilmen,
and Village Manager Dennis Kelly.
RECESS
The Special Session of Council recessed at 5:38 p.m.
The Special Session reconvened at 6:10 p.m. Mayor Norris announced that the Attomey-
Client Session had terminated.
BILL 637 -AMENDING BUDGET FOR RADIO SYSTEM UPGRADE FOR PUBLIC
SAFETY FACILITY -PLACED ON FIRST READING
President Pro Tem Eissey moved that Bill 937 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1998-99 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $75,000 FOR THE UPGRADE OF POLICE DEPARTMENT RADIO
SYSTEM
. be placed on first reading and read by title alone. Councilman Vastola seconded the
motion.
Minutes of Special Session
held Tuesday, December 1, 1998
i As part of the discussion, the Council reviewed the summary of projected costs
associated with the completion of the new facility. The consensus of Council was to
transfer funds from Council Contingency at this time, but to replenish that account as
soon as possible.
Thereafter, the motion passed 5-0.
BUDGET TRANSFER APPROVED FOR DISPATCH CONSOLE
Vice Mayor O'Meilia moved to approve a budget transfer in the amount of $3,875 from
A571 1-6641 5 (Computer Hardware & Software) to A5711-66440 (Audio-Visual
Communications systems) for the purpose of covering cost increase for dispatch console
at the new Public Safety facility; cost to be reimbursed by Palm Beach County. President
Pro Tem Eissey seconded the motion, and all present voted aye.
CONSTRUCTION PHASE AUTHORIZED FOR COUNTRY CLUB REMODELING
Vice Mayor O'Meilia moved that authorization of the construction phase for remodeling
of the Country Club be taken from the table. Councilman Vastola seconded the motion,
and all present voted aye.
Councilman Tringali moved to accept the schematic and design development phase for
Country Club remodeling and authorize construction documents phase to be completed
and submitted to Council in 60 days. President Pro Tem Eissey seconded the motion.
Architect Stephen Boruff reviewed a revised schematic and design drawing to the Village
Council. It was suggested to the Council that the storage area and new snack bar be
modified to create room for the restauranteur's office. Further discussion included adding
canvass awning on the north side of the building over the cart-staging area.
Thereafter, the motion passed 5-0.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 7:25 p.m.
K thleen F. Kelly, CMC, Villag clerk
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
• PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda M. Francis who on oath says that
she is Classified Suoervisor of The Palm Beach Post, a daily and Sunday newspaper published
at Wesi Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being
a N°tice in the matter of Public Meeting, Attorney -Client Session in the ---- Court, was
published in said newspaper in the issues of November 26, ]998.-
Af£ant further says that the said The Post is a newspaper published at West Palm Beach, in said
Palm Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered as second
class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for
a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any person, fain or corporation
any discount rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to and subscribed before me this day of November A.D. 1998
11~~~
Personally known X~C or Produced Identification
Type of Identification Produced
j 7~ 7 7 7 77 / 7 7 7 7 7 8 7 A7 N! 7 7 N 7 7 7 7 7 7 7 7 7 7 7 7 777 A l7 A7 7 i;
~ O1pRY PUB Kazen IvicLinton
< s ° Mowry Public, State of Florida ;
` CoLT.missian No. CC 597337 >'
;~'kor Flop My Commission &%p.lUt572011Q;
LBC9.}.NOTARY Fla Nolsry Servi¢ k Bo'd'wQ Co. ~
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VILLAGE OF N.OP'RI.PALM
BEACH
-- PUBLIC NOTICE
~]IEClTr1ENS AND PROPERTY
`aWNEH3 OF THE VILLAGE OF
-)(ORTN PALM BEACH AND. ,
9NTERESTED CFRSnue ~ I
WuHGILMEN GAIL M.
'VASTOL~ AND JOGEPH A.
INGALI, MILL CONVENE AN
pPEN MEETING OF THE
NORTH PALM BEACH VILLAGE
COUNCIL ON TUESDAY, DE-~
CEM9ER 1, 1983 AT 5:30_
P.M., AT WHICN TIME THE VIL--
LADE COUHCIL WILL AN-
NOUNCE ITS INTENTION TO
MEET IN A PRIVATE PTTOR--
NEYCLIENT SESSION WITH
ITS WLLAGE ATTOPNEY
GEORGE W. BALDWIN, AND
RS LITIGATION ATTOPNEY
TXOMAS J. BgIPD, TO DI&
CUSS PENDING LITIGATION
STYLED WLLAGE OF NORTH
PALM BEACH V. 421 HOPTH-
LAKE BLVD CORP.. O/B/A
CPYSTAL'S BAR AND GRILL
SION WILOLRBE YHELIDNPUPSU-
ANT TO FLA. - STAT.
238.011(9) ON DECEMBER 1,
te99, AT APPRO%IMATELY
5:30 P.M.. AT TXE VILLAGE
HALL, E01 US. HIGHWAY 1,
NORTH PALM BEACX, FLORI-
DA. TXE PRIVATE ATTOPNEY-
CLIENT SESSION IS ANTICI-
PATED TO LAST FOR
APPRO%IMATELY 30 MIN-
UTES. ALSO, BE ADVISED
THAT AT THE CONCLUSION
SESSION AT PP O%IMATELY
990 P.N., OR AS SOON
TNEPEAFTER AS POSSIBLE.
THE VILLAGE COUNCIL WILL
MEEOT NGENI'O OISCUSSU ANY
'MATTEPS WHICH REMAIN ON
'ITS AGENDA..
~'RnlM1ban F. KAlly, CMC
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VILLAGE OF NORTH PALM BEACH
TOWN COUNCIL
SPECIAL SESSION
December 1, 1998
5:40 p.m. - 6:05 p.m.
ATTENDEES: ORIGINAL
MAYOR NORRIS
COUNCILOR O'MEILA
COUNCILOR BALDWIN
COUNCILOR EISSEY
COUNCILOR VASTOLA
CONCILOR TRINGALI
TOWN MANAGER KELLEY
TOWN ATTORNEY BAIRD
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P R O C E E D I N G S
MAYOR NORRIS: We are now in our special
session, attorney/client session. We are all
present here. Village council is here, Village
attorney, Village manager.
We will turn it over to Mr. Baird.
MR. BAIRD: Thank you, Mayor.
I asked for this session in part to update
you and also in case there were any settlement
discussions that needed to take place, as we are
in the trial docket period of the Crystals
lawsuit.
There have been not been any offers to
settle the case made by Crystals or their
attorneys, and we have not made any settlement
offers or overtures to them.
However, a couple of critical motions in
limine were ruled upon two weeks ago,
approximately two weeks ago, and I wanted to
update you on -that and let you know what we
anticipate in terms of both the trial docket and
the issues as they have crystallized --,'no pun
intended -- in this case.
The motions in limine were brought by
Crystals attorneys, and they sought to do two
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things in terms of evidence.
2
First I should explain that motions in
3
limine are motions that are brought prior to or
4
concurrent with a trial and they are intended to
5
limit the testimony and/or evidence that is
6
presented to the court.
7
As such, we were faced with two motions
8
which could have severely constrained the case
9
that we propose to put before the court.
10
The first motion had to do with the
11
prevention of any amendments to the Village
12
code.
13
You will recall that you amended your --
14
you adopted two ordinances which had the effect
15
of liberalizing the adult entertainment
16
regulation so as to provide additional
17
opportunities for the location of adult
18
entertainment businesses within the village.
19
That motion was argued and it was denied
20
by Judge Cook, which of course is very
21
beneficial to the Village because, obviously, if
22
the amendments were not going to be considered
23
by the court, then the court could not consider
24
the two alternative sites that we had previously
25
intended to demonstrate to the court makes the
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ordinances constitutional.
The second motion was to prevent the
Village from presenting any testimony in regards
to sites outside of the Village.
And as you may recall from our prior
discussions, this is an evolving area of the
law. We recently had a very positive opinion in
Jupiter regarding the relevance of considering
sites outside of the Town of Jupiter, where
Judge Middlebrooks in that case held that that
was relevant for largely residential, small
communities.
That motion, too, was denied.
Consequently, we are going to be able to put on
evidence that shows that not only are there
sites available in North Palm, but there are
approximately seven sites within a two-mile
radius outside of the Village that are
available, and anywhere up to eighteen sites
within a ten -mile radius.
Now, the court may make some rulings when
we get into trial as to how far away from the
Village you can go. But that ruling is critical
in terms of us presenting our case, and in terms
of really making some new law in this area that
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would benefit not only this Village, but other
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small communities that are faced with this
3
situation.
4
I attended calendar call last Wednesday.
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The court made us number one on the docket and
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said that we would start trial Monday, this past
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Monday at 1:30.
8
We did not start trial at 1:30 on Monday
9
because after the court made that statement,
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Judge Cook announced that he would not be trying
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the cases that he was setting for Monday and
12
Tuesday of his docket; that Judge Carlisle would
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be substituting for him.
14
At that point, having just gone through
15
the arguments on the motions in limine and
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several other arguments regarding evidentiary
17
matters and having had Judge Cook involved in
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this for two years, we asked the court if there
19
were another day that we could try the case
20
because we want Judge Cook to hear the case.
21
We did not want to be in a position of
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turning a one -day case into a two or three-day
23
case because we would have to go through all of
24
the same arguments that we have previously made
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to the court, the court has understood them and
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the court has ruled upon them, and we were quite
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confident that if we had a new judge brought
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into the case, we were going to be revisiting
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two years of litigation.
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Consequently, Judge Cook agreed to put us
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on his jury trial docket which begins the week
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of December 7th. It's a two-week docket. And
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we would be the first case to go to trial in the
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event one of the jury trial cases settled that
10
week.
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There are a couple of cases that look like
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they may settle or that may not take as long as
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they estimate that they will take, including one
14
case which my co -counsel's partner is involved
15
in, which is estimated to be a one to three-day
16
case, which he believes may settle.
17
So while I am not willing to say that I am
18
confident we will go one of those two weeks, I
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think chances are pretty good, because this is
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the time of year where cases for damages often
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settle before the end of the year; many people
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would like to have whatever income may be coming
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to them before the end of the year.
24
So we are on call, which basically means
25
that beginning December 7th I can receive a call
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from the judge at any time saying, "Be here at
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1:30," or, "Be here at 9:30" to start trial in
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this case.
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If we do not go on this docket, we will
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not go until a February docket. But, again, my
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feeling, at least, is that I would rather be in
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front of Judge Cook and try this case because we
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have had some, I think, good rulings for us and
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I think he has a very good handle on the issues
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of law that we are going to be arguing.
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The issue of law as it's shaping up at
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this point comes down to this:
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We have now amended our ordinance. You
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have now amended your ordinance. You have done
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what you can to.make that ordinance as
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constitutional as possible, given the
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constraints that the Village code imposes on the
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separation of adult businesses from various
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other uses.
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The issue that the court is going to look
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at and that we are going to argue is: Are those
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sites, specifically the Mobil Lube site;and the
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Ed Morse Chevrolet sites, really available in
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the real estate market for either acquisition or
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subdivision or to be made use of by an adult
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entertainment establishment?
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And that's a question that is unsettled in
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the law. Because we have supreme court opinions
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that say that proprietors of adult entertainment
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fend for themselves in the marketplace, and then
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we have other opinions that discuss issues about
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whether the site is suitable in term of its
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geography, its size and other criteria that the
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courts will apply.
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My best evaluation of what we have at this
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point is that the -Mobil Lube site probably is a
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site that the court can find as commercially
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available in the real estate market.
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The Ed Morse site, because of its size,
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because of the cost to acquire that site, I
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think is a less -- legally a less available
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site.
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But nevertheless, if the court finds that
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one site is the present site where Adult Video
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Warehouse is, and the second site is the Mobil
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Lube site, then under the law as it has been
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evolving and as we have discussed here holds,
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there would be two sites per 12,000 population,
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which would put us in that constitutional range.
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And I think you have done at this point
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the best that you can to make the best case that
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the ordinance is constitutional.
3
Another development and an important one
4
as I reported to you last time is that following
5
the filing of our second amended complaint,
6
which was filed simply to include the amendments
7
that you made to your code into the complaint,
8
the Defendants filed an answer to that second
9
amended complaint and affirmative defenses; for
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the first time they did not file a counterclaim.
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I believe that was an oversight.
12
In this case, instead of Mr. Wilson, who
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is the lead counsel in this case, filing the
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responsive pleadings, Mr. Kaplan filed the
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responsive pleadings.
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We don't know whether they are aware of
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the omission, and we certainly are not going to
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-- "we" being Mr. Hendricks and I -- we
19
certainly are not going to point that out to
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them.
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MR. EISSEY: Can they change that later?
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Excuse me for interrupting.
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MR. BAIRD: Yes, sir, they can seek to
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amend their answer to file that counterclaim, or
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they might during the course of the trial seek
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to have the judge conform their answer and
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affirmative defenses and counterclaim to the
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evidence that has come into evidence.
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But unless they raise it, certainly we are
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not going to raise it.
6
The most significant aspect of that really
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has to do with attorney's fees, because under a
8
Section 1983 claim, which was what their
9
counterclaim was previously, if you prevail,
10
then under Section 1988 of the federal code you
11
may be awarded attorney fees.
12
And the attorney fees in this case could
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be significant because of the length of the
14
litigation and because they have two lawyers
15
involved in the case, one of whom in the
16
marketplace probably commands an hourly fee of
17
$200 to $250 an hour because he has litigated
18
these cases nationally.
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But the other significance of the attorney
20
fee aspect is that we had a change in parties in
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the summer, where Co & Co Enterprises, the
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previous counterplaintiff, was essentially
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dismissed or left the case, and 421 Northlake
24
Corporation, a new party counterplaintiff, came
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in.
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So in the event that there is an issue
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with respect to attorney fees, we would be
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seeking to measure those fees, in the event we
4
did not prevail from the time 421 Northlake
5
became a party, and not going all the way back
6
to the beginning of the case, because Co & Co is
7
no longer a party.
8
That's really the extent of what I have to
9
tell you about the status of the case.
10
I think it's certainly significant that we
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are going to be able to put on that evidence
12
outside of the Village. Whether the court
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ultimately is going to accept that or not is
14
open to debate, certainly, given the case law,
15
but I think it gives us the best opportunity to
16
present our case in the best light, which is:
17
You should not look at the Village of
18
North Palm Beach in a vacuum. You should look
19
at the Village within the context of what it is,
20
which is a metropolitan area, and evaluate the
21
opportunities for expression of your first
22
amendment rights within that context and not a
23
vacuum.
24
So if you have any questions, I would be
25
happy to address them.
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MAYOR NORRIS: So we are on the December
7th docket?
MR. BAIRD: We are in the docket now.
MAYOR NORRIS: How long of a docket is
that?
MR. BAIRD: It goes through, I think the
last day is Christmas day, the 25th, although
obviously the courts aren't open that day.
MAYOR NORRIS: It's on like half a day
call or something?
MR. BAIRD: Yes. There are only four
cases that are on that docket, but one of them
is a seven or a ten-day case, which has already
started.
MR. TRINGALI: Which is starting?
MR. BAIRD: Has started.
MR. TRINGALI: Has started.
MR. KELLEY: Could I just for
clarification purposes:
We initially argued for temporary
injunctions on three issues, and we were awarded
two of those temporary injunctions by Judge
Cook. And Chris has corrected those, and those
-- of course the third injunction was the zoning
issue.
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Now, are we still arguing the injunctive
2
relief.or are we still arguing the ability to
3
shut them down if he rules in favor of a -- I
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mean, we are not asking for a permanent
5
injunction; is that correct?
6
MR. BAIRD: That's correct.
7
MR. KELLEY: As opposed to a temporary at
8
this stage?
9
MR. BAIRD: What we are arguing is that
10
under the Village code as amended the Crystals
11
establishment cannot be located where it is
12
located as an adult entertainment establishment
13
because it's within 2,000 feet of Adult Video
14
Warehouse.
15
And the reason, again, that the amendments
16
were necessary is because without the
17
amendments, the Village's ordinance would likely
18
have been found unconstitutional because there
19
would not have been any locations other than
20
where Adult Video Warehouse is where you could
21
locate a facility.
22
MR. KELLEY: Now, if we prevail, do we
23
have to go through a separate.action to get some
24
kind of injunction order to shut them down or
25
would they have the opportunity to apply for an
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1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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appeal and continue operating until they get to
their appeal?
MR. BAIRD: Well, in our -- what we would
wind up with if we prevail is a final judgment
with a permanent injunction enjoining them from
operating their facility.
They could ask for a stay of that judgment
pending appeal.
MR. KELLEY: I see.
MR. BAIRD: Whether the court would grant
that, I can't say.
It could be an evidentiary hearing, I
suppose, as to the damages or the prejudice that
they would incur by having to close while they
are litigating on appeal. And considering that
they have been an operating business in the
Village for approximately two and a half years,
you know, the court might take that into
consideration as to whether or not they should
be closed pending the appeal.
MR. TRINGALI: Then the court would also
have to consider the likelihood of success on
appeal.
MR. BAIRD: Sure.
MR. TRINGALI: That's one of the factors.
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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MR. BAIRD: And in this case Judge Cook
2
has already acknowledged that he believes that
3
this case is going up on appeal. I think that's
4
one reason that he has let into -- is going to
5
let into evidence these issues about whether it
6
is outside, the sites outside of the community
7
are available or not, because he recognizes that
8
this law is evolving and has changed, in some
9
cases dramatically, since 1986.
10
MS. VASTOLA: Let me ask you, John:
11
The owner there, is it still John Tauff
12
(phonetic); does he still own that building?
13
MR. BAIRD: My understanding is that he
14
sold that building.
15
MS. VASTOLA: Oh, did he sell that
16
building?
17
Do we know who bought it?
18
MR. BAIRD: Easy enough to find out, but
19
I don't have the name.
20
MS. VASTOLA: We haven't heard from the
21
owners about trying to get them out?
22
MR. KELLEY: I don't know the owner's
23
name. The only thing I know about the owner is
24
he is a Korean or Asian of some type.
25
MS. VASTOLA: When did it sell; do you
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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know?
MR. KELLEY: Six, eight months ago.
MR. BAIRD: After we cited Mr. Tauff for
code violations.
MR. BALDWIN: Do we know what kind of
lease they have over there? Has that come out
in the pleadings or in the depositions?
MR. BAIRD:. Yes, I have a copy of the
lease. And I want to say it's a five-year term,
but I am not positive.
MAYOR NORRIS: Any other questions?
MR. EISSEY: How many years do they have
to go on the lease?
MAYOR NORRIS: I am sure thev have renewal
options.
MR. BALDWIN: They have options; they
could have options in the lease, I guess so.
MR. BAIRD: If the lease was assigned by
Co & Co to 421 Northlake, Co & Co began
operation in, I believe it was April of 196, so
if it was a five-year term that was assigned,
then it was through 2001. But there is`five-
year options, I am sure, that are part of that.
MR. O'MEILIA: What is the status of their
liquor license; do you know?
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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MR. BAIRD: The liquor license was
2
transferred from Co & Co to 421 Northlake.
3
Carmona had, Mr. Carmona -- Mr. Carmona to me --
4
had to transfer that -license as part of his
5
consent decree with Alcohol, Beverages and
6
Tobacco.
7
MR. O'MEILIA: That's what amazes me,
8
still amazes me, is the fact that they are
9
sitting over there for all these years with a
10
temporary license, with a temporary liquor
11
license. That's beyond my belief that that
12
could happen.
13
I mean, there is no way we could get it,
14
any one of us could get a temporary liquor
15
license and keep it for all these years, keep
16
transferring. And that's just beyond me. I
17
just don't understand how that can happen.
18
MS. VASTOLA: Do we have any control over
19
that?
20
MR. BAIRD: The best control that we would
21
have would be to ask ABT to conduct the same
22
kind of investigations they conducted
23
previously. And assuming they have enough
24
undercover agents left to conduct those
25
operations, the same violations or infractions
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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of state law would probably be discovered and we
2
would be back in the situation of 421 Northlake
3
having to reach some kind of consent decree with
4
the department.
5
That's probably not -- you know, it's not
6
a bad idea to ask them to look at it.
7
MS. VASTOLA: Why not? Why don't we have
8
them look into it? What the heck? What have we
9
got to lose?
10
MAYOR NORRIS: Definitely.
11
MS. VASTOLA: I would have them look into
12
it.
13
MR. O'MEILIA: My point is: There was a
14
guy that had the first license there years ago,
15
I mean, he had a permanent liquor license. And
16
then when he sold that place, he transferred the
17
license on a temporary basis, as I understood
18
it. It must have changed hands ten times.
19
And the judges out here three times told
20
him they were in violation of the adult
21
entertainment license; they had to get their
22
license or close down.
23
They changed it over. They just swapped
24
it to some other guy and changed the license
25
with it.
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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MR. VASTOLA: Can we look into that,
2
Dennis, the license?
3
MAYOR NORRIS: Look into that.
4
MR. KELLEY: Yes.
5
MS. VASTOLA: I think we ought to make
6
life as unpleasant as possible.
7
MAYOR NORRIS: Sure, sure.
8
MR. O'MEILIA: Sooner or later I think we
9
need to, like I said, we need to look at that
10
ordinance and do away with the alcohol part of
11
it.
12
MR. TRINGALI: That's the ultimate
13
solution.
14
MR. O'MEILIA: I think we ought to go
15
ahead with it anyway.
16
MS. VASTOLA: Can we go ahead and do that?
17
Can we create an ordinance now?
18
MR. BAIRD: Well, West Palm just adopted
19
one last night.
20
MS. VASTOLA: Then I ask that we put it on
21
the next workshop; not that we will get to it,
22
but...
23
MR. O'MEILIA: I already asked.
24
MR. TRINGALI: Before we do that, is that
25
going to impact on the lawsuit here?
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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MAYOR NORRIS: The trial?
2
MR. TRINGALI: Is it going to look like we
3
are somehow -- we know that we are in a weak
4
position so we are trying to bolster...
5
MS. VASTOLA: Is going to affect you in
6
any way if we go ahead and create an ordinance
7
that they can't have liquor in an adult
8
enterainment establishment?
9
MR. BAIRD: I don't think for purposes of
10
the trial, that hopefully will be occurring in
11
December, it's going to have an effect.
12
If we are rolled over to the February
13
docket and you adopt the ordinance in the
14
meantime, it might be that they seek to amend
15
their counterclaim, assuming they discover they
16
don't have a counterclaim, to incorporate a
17
challenge to that ordinance as well.
18
MS. VASTOLA: Yeah, but we can workshop
19
it. We can workshop it and have one reading,
20
can't we; just hold off on the second reading?
21
MR. EISSEY: Still do the same thing.
22
MR. BALDWIN: I kind of think we would be
23
better off --
24
MS. VASTOLA: Well, that's what I thought
25
we were doing, was holding out.
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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MR. TRINGALI: Let sleeping dogs lie.
MR. O'MEILIA: We are so close to the
trial date, but I -- we need to get rid of that.
We need to unscrew that regulation somehow.
MAYOR NORRIS: What we were doing is
waiting until we got through this to deal with
those things.
MS. VASTOLA: That's what I thought, but
it's taking forever.
MAYOR NORRIS: -- take another shot at it.
Okay. Is that it?
MR. O'MEILIA: So we just keep our fingers
crossed and hope everybody settles out and we
get to trial on December 7th.
MAYOR NORRIS: And you will let us know,
obviously, so whoever wants to be there can be
there?
MR. BAIRD: Right.
MAYOR NORRIS: Somehow we need to get the
word out, because people in the community are
going to want to be there, as well.
I don't know how you will do that.
MR. TRINGALI: Don't worry about it. We
can take care of that.
MR. KELLEY: I've got a phone list in my
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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file. We will just call them and let them know.
2
MAYOR NORRIS: All right.
3
Are we done?
4
MR. BAIRD: Yes, sir.
5
MAYOR NORRIS: Over six owe five p.m
6
- - -
7
(Thereupon, at 6:05 o'clock a.m., the
8
special session was adjourned.)
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LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401
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C E R T I F I C A T E
THE STATE OF FLORIDA,)
COUNTY OF PALM BEACH.)
I, Jane Pastore, Registered Professional
Reporter, do hereby certify that I was authorized to
and did report the above meeting at'the time and place
herein stated, and that it is a true and correct
transcription of my stenotype notes taken during said
meeting.
Dated this 4th day of January, 1998.
Jane Pastore, RPR
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500-B
WEST PALM BEACH, FLORIDA 33401