04-22-2010 VC SP-M•
MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 22, 2010
Present:
William L. Manuel, Mayor
Darryl Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel called the meeting to order at 6:45 p.m. All members of Council were present. All
members of staffwere present.
REQUEST FOR ATTORNEY-CLIENT SESSION
Village Attorney Len Rubin requested that the Village Council meet in anattorney-client session to
discuss pending litigation styled S&H Foster's Inc. v. Village ofNorth Palm Beach
ANNOUNCEMENT OF CLOSED ATTORNEY-CLIENT SESSION
Mayor Manuel announced that the Village Council would recess for the purpose of holding a
closed Attorney-Client Session. Mayor Manuel announced all persons who would attend the
Attorney-Client Session: Mayor Manuel, Vice Mayor Aubrey, President Pro Tem Norris,
Councilman Hernacki, Councilman Gebbia, Village Manager Jimmy Knight, and Village
Attorney Leonard Rubin. Mayor Manuel estimated that the Attorney-Client Session would last
approximately thirty (30) minutes.
RECESS
Mayor Manuel recessed the Special Session at 6:46 p.m.
RECONVENED SPECIAL SESSION
The Special Session reconvened at 7:18 p.m. Mayor Manuel announced the termination of the
Attorney-Client Session. All members of Council were present. All members of staffwere present.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at 7:18 p.m.
_ Melissa Teal, CMC, illage Cler
Client-Attorney Meeting
Fosters vs Village of NPB
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VILLAGE OF NORTH PALM BEACH
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CLOSED ATTORNEY-CLIENT SESSION
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RE: FOSTER'S PUB LITIGATION
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ORIGHNAL
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Thursday, April 22nd, 2010
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6:49 p.m. - 7:15 p.m.
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APPEARANCES:
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WILLIAM L. MANUEL, MAYOR
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DARRYL C. AUBREY, VICE MAYOR
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DAVID B. NORRIS, PRESIDENT PRO TEM
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T.R. HERNACKI, P.E., COUNCILMAN
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ROBERT A. GEBBIA, COUNCILMAN
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JIMMY KNIGHT, VILLAGE MANAGER
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LEONARD RUBIN, VILLAGE ATTORNEY
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had:)
Fosters vs Village of NPB
(Thereupon, the following proceedings were
MAYOR MANUEL: All right.
Let's call this session to order.
Mr. Rubin.
MR. RUBIN: Okay. The last time we left this
case was after the Trial Court had entered a
temporary injunction.
Well, let me go back a little bit before
that. Foster's had filed a declaratory judgment
action trying to declare that their hours of
operation, they operate until 5:00 a.m., were
grandfathered, once the property was annexed into
the Village.
They moved for a temporary injunction. A
very sympathetic Trial Judge granted their
temporary injunction, and we did appeal to the
Fourth DCA, which issued a per curium affirmance
essentially affirming without any opinion or
explanation.
The Village's position all along has been,
and I believe it is the correct legal position,
that there are no vested rights in hours of
operation.
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There is a long line of cases that basically
2
say that municipalities have the exclusive
3
authority to regulate hours for the sale of
4
alcoholic beverages and you cannot acquire a
5
vested right in those specific hours.
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After the Fourth DCA issued its PCA, the
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League actually appointed defense counsel, because
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in the complaint there was a reference to a taking
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claim that if the Village did not allow them
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grandfather status and to continue to operate
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until 5:00 a.m., that we would be liable for
12
damages.
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And based on that statement in the complaint,
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the League of Cities provided counsel under our
15
insurance policy.
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So the law firm of Johnson, Anselmo then took
17
over the case. They did conduct some discovery,
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but the interesting thing about this case is it is
19
really not a factual dispute. I mean, there is no
20
factual dispute. It is really a question of law.
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They conducted some discovery and determined,
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as I had previously, that they really felt that it
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was a legal issue, so they moved for summary
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judgment essentially saying that as a matter of
25
law the Village had the right to regulate the
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hours and Foster's wasn't entitled to the
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declaratory relief.
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Unfortunately, the same Judge is still in the
4
division so --
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I did attend the hearing last week, and
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counsel went through his argument, counsel for the
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Village went through his argument, and he seemed
8
to be getting it and understanding it until David
9
Gorman, who represents Foster's got up and
10
basically said; but, you know, nothing has
11
changed, and you already made all those rulings,
12
albeit erroneous; and, you know, there is nothing
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left to do right now.
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So the Judge said, you are right. I have
15
already determined this, and if nothing has
16
changed, then I am not going to grant summary
17
judgment in favor of the Village.
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So that's where it stands right now. The
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other wrinkle in this case is prior to that
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summary judgment hearing Foster's Pub amended its
21
complaint to remove the reference to the takings
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claim, so now it is a pure declaratory judgment
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action.
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So the only thing they are seeking is a
25
declaration that they have grandfather status and
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the injunction remains in place until the Judge
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decides one way or the other.
3
Because it is now a pure declaratory judgment
4
action, the League is not covering it anymore,
5
because under our policy they do not cover. It is
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one of the named exclusions. They do not cover
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declaratory judgment actions.
8
So, the summary judgment hearing was
9
basically the last thing Johnson, Anselmo was
10
doing on the League's time. So that's where we
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sit right now.
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Basically, there is really only two options
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for us to pursue right now. One, we can either --
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if you want me to wait until Councilman Gebbia
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gets back. We are getting to the heart of it
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but --
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MAYOR MANUEL: I think you should wait.
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MR. RUBIN: Okay. Let me just -- we will
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pause a little bit.
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MR. NORRIS: Well, can I state --
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MR. RUBIN: Sure.
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MR. NORRIS: -- for the record that
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previously I declared a conflict of interest in
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this matter, because I was representing Foster's
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on some matters.
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I no longer have any active representation of
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them, and on advice of counsel is saying that I no
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longer have a conflict, so that's why I am here.
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MR. RUBIN: Thank you. All right. Well now
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we can go back. Mr. Gebbia is back.
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Basically we only have two choices. We
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continue and take this case to final judgment, at
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which point, if we prevail, it is over. You know,
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sneaking suspicion that that might not be the case
10
when the same Judge is assigned to it. If we do
11
not prevail, then we can appeal it again to the
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Fourth District Court of Appeal.
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Although we were up there once before on the
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temporary injunction, that decision really has no
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binding effect.
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In affirming the temporary injunction, the
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Court just basically said that Foster's made a
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sufficient showing in support of the injunction.
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They really don't re -weigh the evidence.
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In my opinion, they didn't really take a good
21
look at the law, but that has no binding effect.
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We would go back up to the DCA on a final judgment
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and get a final decision on the merits of this
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entire thing. So that's one course of action.
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And if we pursue that, Johnson, Anselmo has
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indicated that they would continue to represent
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the Village at the League's discounted hourly
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rate, which is $155 an hour, which is pretty
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reasonable.
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So I believe if we do proceed down that path,
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I think that's probably a good option for us to
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take, since they are most familiar with the case,
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probably even more familiar than I am at this
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point.
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The other option, and Jimmy has received
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these calls from Gary Brandenberg, who as you
12
recall at the beginning of this process represents
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the property owner that owns Live Oak Plaza, and
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Mr. Brandenberg called me last week and said that
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the property owner is interested in extending
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Foster's lease. This should not come as a
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surprise to any of you.
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So he is trying to broker, for lack of a
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better term, some sort of settlement. The things
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that he has offered really was he said, you know,
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Foster's might consider retaining an off-duty
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police officer during those hours. That maybe
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there was some compromise on the hours.
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I don't believe that to be the case because
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he could not represent that Foster's would
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actually agree to any of that.
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Foster's has maintained all along that it is
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the after hours clientele is the crux of their
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business. That 2:00 to 5:00 shift is where they
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make their money because it is the, you know,
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service workers and all the people who work night
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shifts who are coming in to drink until 5:00 a.m.,
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I guess.
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So I don't really believe that that's a
10
viable option. It is an option, and I could
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pursue that, if that's what the Village council
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wishes for me to do, but that's where we are right
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now.
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So I am just looking for the council's
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guidance as to whether we still want to fight the
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good fight and move forward or possibly pursue
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some sort of accommodation or settlement with
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Foster's.
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I don't know if the manager wants to weigh
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in.
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MR. KNIGHT: I just want to weigh in on one
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issue. It would appear that, although
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Mr. Brandenberg is proffering the intent of his
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client to extend the lease, it does not appear,
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although I think he wants it to, seeing that he is
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trying to broker this deal, but it doesn't appear
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that we can block it.
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So they can extend the lease whether we agree
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to it or not so -- and are likely to do it, I
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suspect.
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MR. RUBIN: The only thing it helps, it does,
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going back to the original temporary injunction
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that Judge French issued, he did rely on the lease
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as the property right, even though Foster's was
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alleging that the hours of operation, they had a
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vested or a vested right or a property right in
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the hours of operation.
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French found that the leasehold was where
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they had their property rights, so once that
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leasehold expires ostensibly, then they don't have
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that right anymore.
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If they renew the lease knowing what the law
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of the Village is, then I think that argument
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loses some of its credibility. I think it is much
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tougher argument to make that you renewed it. It
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is one thing if you had an existing lease and the
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playing field changed. It is another thing when
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you know the playing field has changed and you
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renew a lease. I think it does help our position,
25
but that is an added wrinkle in all this.
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VICE MAYOR AUBREY: Two questions.
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MR. RUBIN: Sure.
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VICE MAYOR AUBREY: When does the lease
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expire?
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MR. KNIGHT: I think they have two years, and
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they are looking for an additional three.
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MR. RUBIN: Yeah, I believe it is about two
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more years.
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VICE MAYOR AUBREY: Is there any way to get
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this in front of a Judge who has the ability to
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understand the law?
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MR. RUBIN: Unfortunately, no, unless we can
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show some sort of bias or some sort of reason for
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disqualification. Unless the divisions change,
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which does happen, the Judges do get switched
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around every once in a while, we are stuck with
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this Judge.
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MAYOR MANUEL: Do you have a second question?
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VICE MAYOR AUBREY: No, sir.
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MAYOR MANUEL: I have a question then.
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MR. RUBIN: Sure.
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MAYOR MANUEL: Based on the merits of the
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case, there is not a lot of discovery to be done
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here, all right.
25
What are we looking at as a cost to the
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Village? Can you give a reasonable idea of what
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we are looking at?
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MR. RUBIN: I think a reasonable from -- to
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get it to final judgment?
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MAYOR MANUEL: Right.
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MR. RUBIN: When I talked to --
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I did talk to Johnson, Anselmo today to ask
8
them that question. They said, you know, 7,500 to
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ten. I still think that's high, and the attorney
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I spoke to, they just never want to go low because
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God forbid they go over what they have quoted, but
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it is about in that range.
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I think it could be a lot less, because I
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don't believe there is really any discovery to
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take. Because regardless of what Sheri Foster's
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testimony is as to how this will impact her
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business, it is really a legal question that the
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Court is going to have to decide.
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MAYOR MANUEL: And the question, legal
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question is whether or not the Village has the
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right?
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MR. RUBIN: Whether or not the Village has
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the right. The annexation statute is written as a
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mandatory.
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It basically says that once a property is
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annexed into a municipality, it shall comply with
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all ordinances of that municipality.
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And the case law, as I have said out there,
4
it states over and over again that you cannot gain
5
vested rights in hours of operation.
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There are cases out there where a nightclub
7
located to a specific municipality because their
8
charter stated that the sale of alcoholic
9
beverages was permitted until 3:00 a.m., and a
10
year later the City changed it and rolled back the
11
hours and the Court said, sorry, even though they
12
made that financial investment, they opened their
13
premises, the Court said, sorry, it is an absolute
14
right, and you gain no property right, no specific
15
hours.
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MAYOR MANUEL: And the last question, Len, is
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there any means of recovery for legal advice?
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MR. RUBIN: There is really not. To recover
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our fees?
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MAYOR MANUEL: Right.
21
MR. RUBIN: Unfortunately, no.
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MAYOR MANUEL: Mr. Hernacki.
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COUNCILMAN HERNACKI: The agent that
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represents the property owner I know has talked to
25
all of them. My barber said that he was offered
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five to eight years extension on his existing
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lease.
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So if Gary is saying plus three, I think
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something -- it doesn't smell right, because I
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know he is --
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MR. RUBIN: Offering others more.
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COUNCILMAN HERNACKI: Bill is offering long,
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you know --
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MR. RUBIN: Is Bill the shoe guy?
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COUNCILMAN HERNACKI: Bill Reichel is the
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leasing agent, and I know --
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MR. RUBIN: Oh, the leasing agent. That's
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what he is offering people.
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COUNCILMAN HERNACKI: That's what he is
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offering. He has been offering clients in that
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plaza five to eight, and he was personally
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knocking on doors with the invite. It wasn't a
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telephone call.
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MR. RUBIN: Right.
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COUNCILMAN HERNACKI: Is there any way we can
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get Brandenberg --
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You know, we don't care if he extends the
23
lease or whatever, but it sounds like it might be
24
in a stronger position is if they just say, we
25
will give you a brand new lease for five years or
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ten years or eight years, whatever it is, but it
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is going to be a new document starting from today.
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Can we use any leverage --
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MR. RUBIN: We could try.
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COUNCILMAN HERNACKI: -- with Gary, since we
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have been most favorable with the property owner
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on those three parcels that he owns on the
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alternate A -1-A corridor?
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MR. KNIGHT: I don't think that's his intent.
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You know, they are trying to secure the hours, and
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by extending the lease --
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Len and I spoke about this. It would be our
13
recommendation, if nothing else, to place us in a
14
more favorable position if we have to go back to
15
court at a later time, it would be our
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recommendation not to acquiesce to it. Not that
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they are --
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MR. RUBIN: Not that we can block it.
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MR. KNIGHT -- that not we --can -block ' ; but , ----
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you know, as a matter of practice not to enter
21
into some side agreement, you know, putting police
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officers there, you know, after hours. Number
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one, I wouldn't want to do that. I think that's
24
bad policy, but I don't want to acquiesce to that
25
either; but, you know --
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COUNCILMAN NORRIS: They were supposedly
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offering to do that.
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MR. KNIGHT: They were offering that.
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COUNCILMAN NORRIS: We wouldn't be putting
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officers there.
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MR. KNIGHT: Right, but I am saying, I don't
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want to accept that as a, you know, in return --
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VICE MAYOR AUBREY: Quid pro quo.
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MR. KNIGHT: -- yeah, quid pro quo in return,
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you know, we would embrace the extension of the
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lease. I don't think we should embrace it at any
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cost.
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MR. RUBIN: Well, maybe we'd make a strong
14
statement to Brandenberg that we consider that,
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you know, that we are not in favor of the
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extension of the lease and we consider the
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extension of the lease undermines their argument
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that somehow this is a vested right, because once
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you extend it past what they already had, then you
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are acquiring new rights, so to speak.
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MAYOR MANUEL: Could you run, Len, could you
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run by, just to get --
23
What advantages are there to extending the
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lease to the Village? Are there any?
25
MR. RUBIN: Oh, to the Village, none.
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MAYOR MANUEL: None.
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MR. RUBIN: None. This is purely for the
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property owner because, as we know, the Mercedes
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dealership is not doing what they thought it would
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do, so all those plans that they sold us at the
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time of annexation and how they were going to
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expand into Live Oak Plaza and this was their
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intent is way off in the distance at this point.
9
COUNCILMAN GEBBIA: Do we know if the
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extension of the lease is an option for the
11
extension being recognized or is this just truly
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an additional lease?
13
MR. RUBIN: Do you have the lease? I don't
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have it. I don't have it in front of me, but I
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don't believe it is an option, because I think if
16
it was an option, they just would have done it.
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I believe it is some sort of modification or
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extension.
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VICE MAYOR AUBREY: It is probably in the
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lease basically so I think that --
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MR. RUBIN: I mean, essentially, right.
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VICE MAYOR AUBREY: -- that's to our favor.
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MR. RUBIN: I am not positive about that. I
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will check on it and make sure.
25
MAYOR MANUEL: Mr. Norris.
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MR. NORRIS: Does do it hurt to like have
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settlement discussions with all the parties?
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MR. RUBIN: It doesn't hurt.
4
MR. NORRIS: Say if you can strike some type
5
of an agreement, settlement, and find out for sure
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from Foster's what their time period, the desired
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time period. Maybe it is not as long as what we
8
are hearing. Maybe you could settle it with, you
9
know, saying we will, okay, we will allow it. We
10
will grandfather it for X number of years, just to
11
settle this.
12
MR. RUBIN: We could explore that. I mean,
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there is nothing that would preclude us from doing
14
that.
15
COUNCILMAN GEBBIA: Are you suggesting the
16
stipulation that once it is over, they have lost
17
the ability to extend?
18
MR. NORRIS: Right. Exactly.
19
COUNCILMAN GEBBIA: With those hours.
20
MR. NORRIS: Right.
21
MAYOR MANUEL: Dr. Aubrey.
22
VICE MAYOR AUBREY: I think we ought to
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appeal it.
24
MAYOR MANUEL: Well, the cost factor, I think
25
all these things that Mr. Norris has said and the
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possible idea of a settlement, I mean, we are
2
looking at a very low cost factor here, and that's
3
my concern is, you know, are we going to get into
4
something where we are running into hundreds of
5
thousand dollars down the road?
6
MR. RUBIN: No, no.
7
MAYOR MANUEL: And if we are not, then I,
8
too, agree with Dr. Aubrey. I think we need to
9
see this through the end. We have been through
10
this what, a year and -a -half now?
11
MR. RUBIN: At least.
12
MAYOR MANUEL: And your opinion is that we
13
probably would prevail?
14
MR. RUBIN: I think we should prevail.
15
Whether we would, I mean, stranger things have
16
happened. I told you this last time. I have won
17
plenty of cases that maybe I shouldn't have, and I
18
have lost a few, like this one, that I should have
19
won.
20
Unfortunately, it is always a bit of a crap
21
shoot anytime you are in the court system.
22
MAYOR MANUEL: When you go to the DCA, Len,
23
and you are appearing before three Judges, is that
24
correct?
25
MR. RUBIN: Three Judge panel, correct.
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MAYOR MANUEL: So it wouldn't be one
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particular Judge in favor of one or the other?
3
MR. RUBIN: No, no. You have a three Judge
4
panel.
5
VICE MAYOR AUBREY: The law is clearcut.
6
COUNCILMAN HERNACKI: We still have the
7
formal trial to go through so --
8
MR. RUBIN: We still have --
9
COUNCILMAN HERNACKI: And how far away are we
10
to getting to a formal trial?
11
MR. RUBIN: We are not very far because there
12
is nothing really left to do.
13
As a matter of fact, the last thing that
14
Johnson, Anselmo did before they -- before their
15
representation expired is they noticed it for
16
trial, because they felt, we are ready to go,
17
because there is really not much left to do.
18
So it is their opinion that really -- and
19
there is not. It is really a legal question. We
20
can stipulate, and that's what David Gorman and I
21
discussed at the end of the last hearing. I said,
22
David, we can stipulate to all the facts. There
23
is no -- there is no factual dispute, because the
24
amount, you know, as I said, the amount that
25
Foster's claims it might lose doesn't really
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pertain to whether you have grandfather status or
2
not.
3
And in the complaint, that's really all he is
4
seeking is a declaration that Foster's Pub has
5
grandfather status with respect to its hours of
6
operation.
7
COUNCILMAN HERNACKI: But, and I know this is
8
a legal contest dealing with business and entity.
9
Is Foster's possibly ready for a bench call or are
10
they going to play the, we are not ready delay,
11
milk it out?
12
MR. RUBIN: Look, it is to their benefit to
13
delay it. I mean, there are ways you can force
14
it, you know. Once it is ready, it is ready, and
15
it goes on the docket. I mean, you can play games
16
and --
17
MAYOR MANUEL: Could you give us a timeframe,
18
Len, on what you --
19
MR. RUBIN: You know, I really can't. I
20
don't have a timeframe. I am really not sure how
21
far out this would be. It all depends on what the
22
Judge's docket is and how he handles bench trials;
23
and, I mean, I can get back to you on that and try
24
to get a better understanding of when that would
25
be but --
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Fosters vs Village of NPB
1
MAYOR MANUEL: And the cost of the bench
2
trail would be through the League? The League
3
would cover it up to that point?
4
MR. RUBIN: No, no, the League is done, so we
5
would have to cover it.
6
The bright spot is if we do take -- if we
7
don't prevail at the trial and we have to take it
8
on appeal, the brief is really done because these
9
factors were already addressed in the first go
10
around, and so if -- I think it cost --
11
I think that one, the total including cost
12
was about 7,500 to do that first appeal. I don't
13
even anticipate it will cost that.
14
MAYOR MANUEL: Mr. Hernacki.
15
MR. HERNACKI: I am just going to throw
16
something out here while we are still on this time
17
schedule question.
18
MR. RUBIN: Sure.
19
MR. HERNACKI: So the lease expires in two
20
years, in theory, but we could spend two years
21
before we get in front of the Judge.
22
So if you look at it from that point of view,
23
it may be to our benefit to say hey, we will give
24
you a vested right, but it expires no matter what
25
at two years and we sign the document saying that
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Client -Attorney Meeting
Fosters vs Village of NPB
1
so that we are sort of golden, but then again the
2
other side says, hey, we can be in front of the
3
Judge in the next two months.
4
MR. RUBIN: I am hoping it is about no more
5
than six months, but I can't say that for sure.
6
VICE MAYOR AUBREY: Why would they agree?
7
They won every battle so far.
8
MR. RUBIN: Right. They really did.
9
They are buoyed by their; and, that's what,
10
you know, they are buoyed by these victories of
11
this smoke and mirrors claim that they are making.
12
MAYOR MANUEL: Mr. Norris.
13
MR. NORRIS: Well, if you wanted to go with
14
this appeal, that's fine. I still don't see why
15
it wouldn't hurt to like have settlement
16
discussions, because if you go back to how this
17
started, I mean, no matter what you say, this is
18
not a very fair result for Foster's.
19
I mean, we brought -- we annexed that
20
property in, and as a result of that, their
21
business is, you know, seriously impacted.
22
And, you know, keep that in mind. If you
23
keep that in mind, I would think we would want to
24
at least explore some settlement that works for
25
everybody.
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Client -Attorney Meeting
Fosters vs Village of NPB
1
We are, you know, we are professing to be,
2
wanting to be business friendly and all of that;
3
and, you know, here an example that everybody can
4
point to and say look, they went with a letter of
5
the law. They brought the -- they annexed this
6
and basically closed down this business by
7
annexing and weren't willing to even discuss
8
settlement.
9
I don't think that's the approach that you
10
want to have on these things, and I don't think
11
talking settlement affects anything.
12
If we can talk and come up with something
13
like T.R. is saying; or, you know, along those
14
lines and then we can feel like we tried to work
15
with this business and tried to avoid them having
16
this, you know, real serious impact as a result of
17
their landlord deciding to come into the Village.
18
It seems like a, you know, it seems like a good
19
thing to do.
20
MAYOR MANUEL: Let me just ask a question of
21
Mr. Rubin, and I think what Mr. Norris brings up
22
is very relevant. I don't have a problem, but
23
just again, I am dealing with the cost factor.
24
To discuss settlement on the sidelines, I
25
think we need to go through with this, but while
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Client -Attorney Meeting
Fosters vs Village of NPB
1
we are going through with this process, it cannot
2
hurt, as long as we are not building up, you know,
3
a lot of attorney's fees, you know, just feel them
4
out.
5
MR. RUBIN: Maybe they will settle.
6
MAYOR MANUEL: Maybe see what settlement they
7
can offer us. Bring it back and see if it is
8
something that we like but -- so I would agree
9
with that with David that go forward with the
10
trial.
11
MR. RUBIN: Right.
12
MAYOR MANUEL: All right.
13
And I don't know if we can instruct you to
14
cap it at a certain dollar figure. I don't know.
15
MR. RUBIN: Well, I mean, I can keep you
16
informed as to what it is, which I will do. We
17
can settle it right up until trial. I mean, there
18
is nothing that precludes us from doing that.
19
MR. KNIGHT: And the settlement talks don't
20
cost you anything other than Len's time, I mean.
21
MR. RUBIN: And I think the settlement talks,
22
I think if they know you are moving for trial, it
23
actually makes people settle. If they think we
24
are just not willing to go through with it -- I
25
think if they know that we are willing to move
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Client -Attorney Meeting Fosters vs Village of NPB
1
forward, then they may be more amenable to
2
settlement discussions.
3
MAYOR MANUEL: All right. So let me see if
4
we can get a recommendation to go forward.
5
David, do you want to try to format the
6
recommendation and --
7
MR. NORRIS: Yeah. The recommendation would
8
be to proceed ahead I guess with the appeal --
9
MR. RUBIN: Well, with the trial.
10
MR. NORRIS: With the trial. With the trial;
11
but, in the meantime, try to engage in settlement
12
negotiations to see if we can reach some
13
acceptable settlement to us.
14
MAYOR MANUEL: Is that -- do I have an
15
consensus with the council on this?
16
Dr. Aubrey? Councilman Gebbia?
17
COUNCILMAN GEBBIA: Yeah, I think it is the
18
right approach.
19
MAYOR MANUEL: Mr. Hernacki, do you want to
20
add something?
21
COUNCILMAN HERNACKI: I believe we need to
22
constrain the settlement that, you know, if we are
23
going to allow in as part of a settlement to let's
24
say continue being allowed to be grandfathered in,
25
I think we need to stipulate that the
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Client -Attorney Meeting
Fosters vs Village of NPB
1
grandfathering expires with his current lease with
2
no modifications.
3
COUNCILMAN GEBBIA: I don't think he used the
4
word "grandfather".
5
MR. RUBIN: Well, we wouldn't use the word
6
"grandfather."
7
COUNCILMAN GEBBIA: You would extend his
8
opportunity to continue operating as he is for
9
until two years and it is over or something.
10
COUNCILMAN HERNACKI: If Len is going to be
11
in a meeting, I think he needs to know where his
12
boundaries are.
13
MR. RUBIN: And the actual settlement would
14
come back to you all but --
15
MR. KNIGHT: I was just going to say --
16
MAYOR MANUEL: You can come back to the
17
council with the settlement?
18
MR. RUBIN: The actual settlement would have
19
to be approved by council.
20
MR. KNIGHT: I was just going to say, I don't
21
know that, you know, when we get into
22
negotiations, I would rather not have our hands
23
tied because, you know, they may say two
24
and -a -half, three years.
25
You know, I think that we negotiate the best
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Client-Attornev Meeting
Fosters vs Village of NPB
1
available settlement and we bring it back to you.
2
If you reject it, you reject it. But at least we
3
bring it back to you all for your collective --
4
MAYOR MANUEL: So we are back on point then
5
with David's recommendation, and I have a
6
consensus.
7
Mr. Hernacki, is that a fair consensus with
8
you?
9
COUNCILMAN HERNACKI: Yes.
10
MR. KNIGHT: I have one last thing, Mayor,
11
and I think that we need to address, and that's to
12
continue engaging the law firm of --
13
MR. RUBIN: Johnson, Anselmo.
14
MR. KNIGHT: To continue that.
i5
MAYOR MANUEL: Good point. I would -- do we
16
have a consensus for that?
17
Just a nod of the head is good.
18
We have a consensus for that.
19
MR. RUBIN: Okay. Great. Thank you. Okay.
20
MAYOR MANUEL: Are there any other matters?
21
MR. RUBIN: That's it. Thank you.
22
MAYOR MANUEL: In that case, we will adjourn.
23
MR. RUBIN: Right at a half hour.
24
(Thereupon, the hearing was concluded at 7:15
25
P.M.)
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Client -Attorney Meeting
Fosters vs Village of NPB
1 CERTI FI CATE
2 THE STATE OF FLORIDA )
3 COUNTY OF PALM BEACH )
4 I, MAUREEN HALL, Registered Professional
5 Reporter, do hereby certify that I was authorized to and
6 did report the foregoing proceedings at the time and
7 place herein stated, and that the foregoing is a true
8 and correct transcription of my stenotype notes taken
9 during said proceedings.
10 IN WITNESS WHEREOF, I have hereunto set my
11 hand this 27th day of April, 2010.
12
13
14
15 (�
16 MAUREEN HALL
Registered Professional Reporter
17
18
19
20
21
22
23
24
25
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Client -Attorney Meeting
WORD INDEX
<0>
00 2:13 3:11 8:4,
4, 7 12:9
<1 >
1 14:8
15 1:7 27:24
155 7:3
<2>
2 8:4
2010 1:6 28:11
22nd 1:6
27th 28:11
<3>
3 12:9
<4>
49 1:7
<5>
5 2:13 3:11 8:4, 7
<6>
6 1:7
<7>
7 1:7 27:24
7500 11:8 21:12
<A>
a.m 2:13 3:11 8:7
12:9
ability 10:10 17:17
absolute 12:13
accept 15:7
acceptable 25:13
accommodation
8:17
acquiesce 14:16, 24
acquire 3:4
acquiring 15:20
action 2:12 4:23
5:4 6:24
actions 5:7
active 6:1
actual 26:13, 18
add 25:20
added 9:25
additional 10:6
16:12
address 27:11
addressed 21:9
adjourn 27:22
advantages 15:23
advice 6:2 12:17
affirmance 2:19
affirming 2:20 6:16
agent 12:23 13:115
12
agree 8:1 9:3
18:8 22:6 24:8
agreement 14:21
17:5
ahead 25:8
albeit 4:12
alcoholic 3:4 12:8
alleging 9:10
allow 3:9 17:9
25:23
allowed 25:24
alternate 14:8
amenable 25:1
amended 4:20
amount 19:24, 24
annexation 11:23
16:6
annexed 2:14 12:1
22:19 23:5
annexing 23:7
Anselmo 3:16 5:9
6:25 11:7 19:14
27:13
anticipate 21:13
anymore 5:4 9:16
anytime 18:21
appeal 2:18 6:11,
12 17:23 21:8, 12
22:14 25:8
appear 8:22, 24 9:1
APPEARANCES
1:15
appearing 18:23
appointed 3:7
approach 23:9
25:18
approved 26:19
April 1:6 28:11
argument 4:6, 7
9:18, 20 15:17
assigned 6:10
attend 4:5
ATTORNEY 1:3,22
11:9
attorney's 24:3
AUBREY 1:17 10:1,
3, 9, 19 15:8 16:19,
22 17:21,22 18:8
19:5 22:6 25:16
authority 3:3
authorized 28:5
available 27:1
avoid 23:15
<B>
back 2:10 5:15
6:5, 5, 22 9:7
12:10 14:14 20:23
22:16 24:7 26:14,
16 27:1, 3, 4
bad 14:24
barber 12:25
based 3:13 10:22
basically 3:1 4:10
5:9, 12 6:6, 17
11:25 16:20 23:6
battle 22:7
BEACH 1:1 28:3
beginning 7:12
believe 2:23 7:5,
24 8:9 10:7 11:14
16:15, 17 25:21
bench 20:9, 22
21:1
benefit 20:12 21:23
best 26:25
better 7:19 20:24
beverages 3:4 12:9
bias 10:13
Bill 13:7, 9, 10
binding 6:15, 21
bit 2:10 5:19
18:20
block 9:2 14:18, 19
Fosters vs Village of NPB
boundaries 26:12
brand 13:25
Brandenberg 7:11,
14 8:23 13:21
15:14
brief 21:8
bright 21:6
Bring 24:7 27:1, 3
brings 23:21
broker 7:18 9:1
brought 22:19 23:5
building 24:2
buoyed 22:9, 10
business 8:4
11:17 20:8 22:21
23:2, 6, 15
<C>
call 2:5 13:18 20:9
called 7:14
calls 7:11
cap 24:14
care 13:22
case 2:8 3:17, 18
4:19 6:7,9 7:7,24
10:23 12:3 27:22
cases 3:1 12:6
18:17
certain 24:14
certify 28:5
change 10:14
changed 4:11, 16
9:22, 23 12:10
charter 12:8
check 16:24
choices 6:6
Cities 3:14
City 12:10
claim 3:9 4:22
22:11
claims 19:25
clearcut 19:5
CLIENT 1:3 8:24
clientele 8:3
clients 13:15
CLOSED 1:3 23:6
collective 27:3
come 7:16 23:12,
17 26:14, 16
coming 8:7
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Client -Attorney Meeting
complaint 3:8, 13
4:21 20:3
comply 12:1
compromise 7:23
concern 18:3
concluded 27:24
conduct 3:17
conducted 3:21
conflict 5:23 6:3
consensus 25:15
27:6, 7, 16, 18
consider 7:21
15:14, 16
constrain 25:22
contest 20:8
continue 3:10 6:7
7:1 25:24 26:8
27:12, 14
correct 2:23 18:24,
25 28:8
corridor 14:8
cost 10:25 15:12
17:24 18:2 21:1,
10, 11, 13 23:23
24:20
council 8:11 25:15
26:17, 19
COUNCILMAN 1:19,
20 5:14 12:23
13:7, 10, 14, 20
14:5 15:1, 4 16:9
17:15, 19 19:6, 9
20:7 25:16, 17, 21
26:3, 7, 10 27:9
council's 8:14
counsel 3:7, 14
4:6, 6 6:2
COUNTY 28:3
course 6:24
Court 2:8 6:12, 17
11:18 12:11, 13
14:15 18:21
cover 5:5, 6 21:3, 5
covering 5:4
crap 18:20
credibility 9:19
crux 8:3
curium 2:19
current 26:1
<D>
damages 3:12
DARRYL 1:17
DAVID 1:18 4:8
19:20, 22 24:9 25:5
David's 27:5
day 28:11
DCA 2:19 3:6
6:22 18:22
deal 9:1
dealership 16:4
dealing 20:8 23:23
decide 11:18
decides 5:2
deciding 23:17
decision 6:14, 23
declaration 4:25
20:4
declaratory 2:11
4:2, 22 5:3, 7
declare 2:12
declared 5:23
defense 3:7
delay 20:10, 13
depends 20:21
desired 17:6
determined 3:21
4:15
discounted 7:2
discovery 3:17, 21
10:23 11:14
discuss 23:7, 24
discussed 19:21
discussions 17:2
22:16 25:2
dispute 3:19, 20
19:23
disqualification
10:14
distance 16:8
District 6:12
division 4:4
divisions 10:14
docket 20:15, 22
document 14:2
21:25
doing 5:10 16:4
17:13 24:18
dollar 24:14
dollars 18:5
doors 13:17
Dr 17:21 18:8
25:16
drink 8:7
duty 7:21
<E>
effect 6:15, 21
eight 13:1, 16 14:1
either 5:13 14:25
embrace 15:10, 11
engage 25:11
engaging 27:12
enter 14:20
entered 2:8
entire 6:24
entitled 4:1
entity 20:8
erroneous 4:12
essentially 2:20
3:24 16:21
everybody 22:25
23:3
evidence 6:19
Exactly 17:18
example 23:3
exclusions 5:6
exclusive 3:2
existing 9:21 13:1
expand 16:7
expire 10:4
expired 19:15
expires 9:15 21:19,
24 26:1
explanation 2:21
explore 17:12
22:24
extend 8:24 9:3
15:19 17:17 26:7
extending 7:15
14:11 15:23
extends 13:22
extension 13:1
15:10, 16, 17 16:10,
11, 18
<F>
fact 19:13
Fosters vs Village of NPB
factor 17:24 18:2
23:23
factors 21:9
facts 19:22
factual 3:19, 20
19:23
fair 22:18 27:7
familiar 7:7, 8
far 19:9, 11 20:21
22:7
favor 4:17 15:15
16:22 19:2
favorable 14:6, 14
feel 23:14 24:3
fees 12:19 24:3
felt 3:22 19:16
field 9:22, 23
fight 8:15, 16
figure 24:14
filed 2:11
final 6:7, 22, 23
11:4
financial 12:12
find 17:5
fine 22:14
firm 3:16 27:12
first 21:9, 12
five 13:1, 16,25
FLORIDA 28:2
following 2:1
forbid 11:11
force 20:13
foregoing 28:6, 7
formal 19:7, 10
format 25:5
forward 8:16 24:9
25:1, 4
FOSTER'S 1:4
2:11 4:1, 9, 20
5:24 6:17 7:16,21)
25 8:2, 18 9:9
11:15 17:6 19:25
20:4, 9 22:18
found 9:13
Fourth 2:19 3:6
6:12
French 9:8, 13
friendly 23:2
front 10:10 16:14
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Client -Attorney Meeting
21:21 22:2
<G>
gain 12:4, 14
games 20:15
Gary 7:11 13:3
14:5
GEBBIA 1:20 5
6:5 16:9 17:15,
25:16, 17 26:3,
getting 4:8 5:1
19:10
give 11:1 13:25
20:17 21:23
go 2:10 6:5, 22
11:10, 11 14:14
18:22 19:7, 16
21:9 22:13, 16
23:25 24:9, 24
God 11:11
goes 20:15
going 4:16 9:7
11:18 14:2 16:
18:3 20:10 21:
24:1 25:23 26:
15,20
golden 22:1
good 6:20 7:
8:16 23:18 2
17
Gorman 4:9
grandfather 3
4:25 17:10 2
26:4, 6
grandfathered
25:24
grandfathering
grant 4:16
granted 2:17
Great 27:19
guess 8:8 2
:14
19
7
5
25:4
6
15
10,
6
7:15,
19:20
:10
0:1, 5
2:14
5:8
guidance 8:15
guy 13:9
<H>
half 18:10 26:24
27:23
HALL 28:4, 16
hand 28:11
26:1
handles 20:22
hands 26:22
happen 10:15
happened 18:16
head 27:17
hearing 4:5, 20 5:8
17:8 19:21 27:24
heart 5:15
help 9:24
helps 9:6
hereunto 28:10
HERNACKI 1:19
12:22, 23 13:7, 109
14,20 14:5 19:6,9
20:7 21:14, 15, 19
25:19, 21 26:10
27:7, 9
hey 21:23 22:2
high 11:9
hoping 22:4
hour 7:3 27:23
hourly 7:2
hours 2:12, 24 3:3,
5 4:1 7:22, 23 8:3
9:10, 12 12:5, 11,
15 14:10, 22 17:19
20:5
hundreds 18:4
hurt 17:1, 3 22:15
24:2
<I>
idea 11:1 18:1
impact 11:16 23:16
impacted 22:21
including 21:11
indicated 7:1
informed 24:16
injunction 2:9, 165
18 5:1 6:14, 16, 18
9:7
instruct 24:13
insurance 3:15
intent 8:23 14:9
16:8
interest 5:23
interested 7:15
interesting 3:18
investment 12:12
invite 13:17
issue 3:23 8:22
issued 2:19 3:6
9:8
its 3:6 4:20 9:19
20:5
<J>
JIMMY 1:21 7:10
Johnson 3:16 5:9
6:25 11:7 19:14
27:13
Judge 2:17 4:3, 14
5:1 6:10 9:8
10:10, 17 18:25
19:2, 3 21:21 22:3
Judges 10:15
18:23
Judge's 20:22
judgment 2:11
3:24 4:17, 20, 22
5:3, 7, 8 6:7, 22
11:4
<K>
keep 22:22, 23
24:15
KNIGHT 1:21 8:21
10:5 14:9, 19 15:31
6, 9 24:19 26:15,
20 27:10, 14
knocking 13:17
know 4:10, 12 6:8
7:20 8:5, 19 9:23
11:8 12:24 13:5, 83
11, 22 14:10, 20, 21,
22, 25 15:7, 10, 15
16:3,9 17:9 18:3
19:24 20:7, 14, 19
22:10, 21, 22 23:1,
3, 13, 16, 18 24:2, 3,
13, 14, 22, 25 25:22
26:11,21,21,23,25
knowing 9:17
<L>
lack 7:18
landlord 23:17
aw 3:16, 20, 25
6:21 9:17 10:11
Fosters vs Village of NPB
12:3 19:5 23:5
27:12
League 3:7, 14 5:4
21:2, 2, 4
League's 5:10 7:2
lease 7:16 8:24
9:3, 8, 17, 21, 24
10:3 13:2, 23, 25
14:11 15:11, 16, 17,
24 16:10, 12, 13, 20
21:19 26:1
leasehold 9:13, 15
leasing 13:11, 12
left 2:7 4:13
19:12, 17
legal 2:23 3:23
11:17, 19 12:17
19:19 20:8
Len 12:16 14:12
15:21 18:22 20:18
26:10
Len's 24:20
LEONARD 1:22
letter 23:4
leverage 14:3
liable 3:11
line 3:1
lines 23:14
LITIGATION 1:4
little 2:10 5:19
Live 7:13 16:7
located 12:7
long 3:1 13:7
17:7 24:2
longer 6:1, 3
look 6:21 20:12
21:22 23:4
looking 8:14 10:61
25 11:2 18:2
lose 19:25
loses 9:19
lost 17:16 18:18
lot 10:23 11:13
24:3
low 11:10 18:2
<M>
maintained 8:2
making 22:11
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MANAGER 1:21
8:19
mandatory 11:24
MANUEL 1:16 2:4
5:17 10:18, 20, 22
11:5,19 12:16,203
22 15:21 16:1,25
17:21, 24 18:7,123
22 19:1 20:17
21:1, 14 22:12
23:20 24:6, 12
25:3, 14, 19 26:16
27:4, 15, 20, 22
matter 3:24 5:24
14:20 19:13 21:24
22:17
matters 5:25 27:20
MAUREEN 28:4,16
MAYOR 1:16, 17
2:4 5:17 10:1, 3, 9,
18, 19, 20, 22 11:5,
19 12:16, 20, 22
15:8, 21 16:1, 19,
22, 25 17:21, 22, 24
18:7, 12, 22 19:1, 5
20:17 21:1, 14
22:6, 12 23:20
24:6, 12 25:3, 14,
19 26:16 27:4, 10,
15, 20, 22
mean 3:19 16:21
17:12 18:1, 15
20:13, 15, 23 22:17,
19 24:15, 17, 20
means 12:17
meeting 26:11
Mercedes 16:3
merits 6:23 10:22
milk 20:11
mind 22:22, 23
mirrors 22:11
modification 16:17
modifications 26:2
money 8:5
months 22:3, 5
move 8:16 24:25
moved 2:16 3:23
moving 24:22
municipalities 3:2
municipality 12:1, 2,
7
0`E
named 5:6
need 18:8 23:25
25:21, 25 27:11
needs 26:11
negotiate 26:25
negotiations 25:12
26:22
never 11:10
new 13:25 14:2
15:20
night 8:6
nightclub 12:6
nod 27:17
NORRIS 1:18 5:20,
22 15:1, 4 16:25
17:1, 4, 18, 20, 25
22:12, 13 23:21
25:7, 10
NORTH 1:1
notes 28:8
noticed 19:15
Number 14:22
17:10
<O>
Oak 7:13 16:7
offer 24:7
offered 7:20 12:25
Offering 13:6, 7, 133
15, 15 15:2, 3
officer 7:22
officers 14:22 15:5
Oh 13:12 15:25
Okay 2:7 5:18
17:9 27:19, 19
once 2:14 6:13
9:14 10:16 11:25
15:18 17:16 20:14
opened 12:12
operate 2:13 3:10
operating 26:8
operation 2:13, 25
9:10, 12 12:5 20:6
opinion 2:20 6:20
18:12 19:18
opportunity 26:8
option 7:6, 10 8:10,
10 16:10, 15, 16
options 5:12
order 2:5
ordinances 12:2
original 9:7
ostensibly 9:15
ought 17:22
owner 7:13, 15
12:24 14:6 16:3
owns 7:13 14:7
<P>
P.E 1:19
p.m 1:7,7 27:25
PALM 1:1 28:3
panel 18:25 19:4
parcels 14:7
part 25:23
particular 19:2
parties 17:2
path 7:5
pause 5:19
PCA 3:6
people 8:6 13:13
24:23
period 17:6, 7
permitted 12:9
personally 13:16
pertain 20:1
place 5:1 14:13
28:7
plans 16:5
play 20:10, 15
playing 9:22, 23
Plaza 7:13 13:16
16:7
plenty 18:17
plus 13:3
point 6:8 7:9 16:8
21:3, 22 23:4 27:4,
15
police 7:22 14:21
policy 3:15 5:5
14:24
position 2:22, 23
9:24 13:24 14:14
positive 16:23
possible 18:1
Fosters vs Village of NPB
possibly 8:16 20:9
practice 14:20
preclude 17:13
precludes 24:18
premises 12:13
PRESIDENT 1:18
pretty 7:3
prevail 6:8, 11
18:13, 14 21:7
previously 3:22
5:23
prior 4:19
PRO 1:18 15:8,9
probably 7:6, 8
16:19 18:13
problem 23:22
proceed 7:5 25:8
proceedings 2:1
28:6, 9
process 7:12 24:1
professing 23:1
Professional 28:4,
16
proffering 8:23
property 2:14 7:131
15 9:9, 11, 14
11:25 12:14, 24
14:6 16:3 22:20
provided 3:14
PUB 1:4 4:20 20:4
pure 4:22 5:3
purely 16:2
pursue 5:13 6:25
8:11, 16
putting 14:21 15:4
<Q>
question 3:20
10:18, 20 11:8, 17,
19, 20 12:16 19:19
21:17 23:20
questions 10:1
Quid 15:8, 9
quo 15:8, 9
quoted 11:11
< R>
range 11:12
rate 7:3
reach 25:12
Preferred Real -Time Reporting, Inc. Page: 4
Client -Attorney Meeting
ready 19:16 20:9,
10, 14, 14
real 23:16
really 3:19, 20, 22
5:12 6:14, 19, 20
7:20 8:9 11:14, 17
12:18 19:12, 17, 18,
19, 25 20:3, 19, 20
21:8 22:8
reason 10:13
reasonable 7:4
11:1, 3
recall 7:12
received 7:10
recognized 16:11
recommendation
14:13, 16 25:4, 6, 7
27:5
record 5:22
recover 12:18
recovery 12:17
reference 3:8 4:21
regardless 11:15
Registered 28:4, 16
regulate 3:3, 25
Reichel 13:10
reject 27:2, 2
relevant 23:22
relief 4:2
rely 9:8
remains 5:1
remove 4:21
renew 9:17, 24
renewed 9:20
report 28:6
Reporter 28:5, 16
represent 7:1, 25
representation 6:1
19:15
representing 5:24
represents 4:9
7:12 12:24
respect 20:5
result 22:18, 20
23:16
retaining 7:21
return 15:7, 9
right 2:4 3:5, 25
4:13, 14, 18 5:11,
13 6:4 8:12 9:91
11, 11, 16 10:24
11:5, 21, 23 12:149
14, 20 13:4, 19
15:6, 18 16:21
17:18, 20 21:24
22:8 24:11, 129 17
25:3, 18 27:23
rights 2:24 9:14
12:5 15:20
road 18:5
ROBERT 1:20
rolled 12:10
RUBIN 1:22 2:6,7
5:18,21 6:4 9:6
10:2, 7, 12, 21 11:3,
6, 22 12:18, 21
13:6, 9, 12, 19 14:4,
18 15:13,25 16:2,
13, 21, 23 17:3, 12
18:6, 11, 14, 25
19:3, 8, 11 20:12,
19 21:4, 18 22:4, 8
23:21 24:5, 11, 15,
21 25:9 26:5, 13,
18 27:13, 19, 21, 23
rulings 4:11
run 15:21, 22
running 18:4
<S>
sale 3:3 12:8
saying 3:24 6:2
13:3 15:6 17:9
21:25 23:13
says 11:25 22:2
schedule 21:17
second 10:18
secure 14:10
see 18:9 22:14
24:6,7 25:3, 12
seeing 8:25
seeking 4:24 20:4
serious 23:16
seriously 22:21
service 8:6
SESSION 1:3 2:5
set 28:10
settle 17:8, 11
24:5, 17, 23
settlement 7:19
8:17 17:2, 5 18:1
22:15, 24 23:8, 113
24 24:6, 19, 21
25:2, 11, 13, 22, 23
26:13, 17, 18 27:1
Sheri 11:15
shift 8:4
shifts 8:7
shoe 13:9
shoot 18:21
show 10:13
showing 6:18
side 14:21 22:2
sidelines 23:24
sign 21:25
sir 10:19
sit 5:11
six 22:5
smell 13:4
smoke 22:11
sneaking 6:9
sold 16:5
sorry 12:11, 13
sort 7:19 8:17
10:13, 13 16:17
22:1
sounds 13:23
speak 15:20
specific 3:5 12:7,
14
spend 21:20
spoke 11:10 14:12
spot 21:6
stands 4:18
started 22:17
starting 14:2
state 5:20 28:2
stated 12:8 28:7
statement 3:13
15:14
states 12:4
status 3:10 4:25
20:1, 5
statute 11:23
stenotype 28:8
stipulate 19:20, 22
25:25
stipulation 17:16
Fosters vs Village of NPB
stranger 18:15
strike 17:4
strong 15:13
stronger 13:24
stuck 10:16
sufficient 6:18
suggesting 17:15
summary 3:23
4:16, 20 5:8
support 6:18
supposedly 15:1
Sure 5:21 10:2, 21
16:24 17:5 20:20
21:18 22:5
surprise 7:17
suspect 9:5
suspicion 6:9
switched 10:15
sympathetic 2:17
system 18:21
<T>
T.R 1:19 23:1.3
take 6:7, 20 7:7
11:15 21:6, 7
taken 28:8
takings 4:21
talk 11:7 23:12
talked 11:6 12:24
talking 23:11
talks 24:19, 21
telephone 13:18
TEM 1:18
temporary 2:9, 16,
18 6:14, 16 9:7
ten 11:9 14:1
term 7:19
testimony 11:16
Thank 6:4 27:19,
21
theory 21:20
thing 3:18 4:24
5:9 6:24 9:6,21,
22 19:13 23:19
27:10
things 7:19 17:25
18:15 23:10
think 5:17 7:6
8:25 9:18, 19, 24
10:5 11:3, 9, 13
Preferred Real -Time Reporting, Inc. Page: 5
Client -Attorney Meeting
13:3 14:9, 23
15:11 16:15, 20
17:22, 24 18:8, 14
21:10, 11 22:23
23:9, 10, 21, 25
24:21, 22, 23, 25
25:17, 25 26:3, 11,
25 27:11
thought 16:4
thousand 18:5
three 10:6 13:3
14:7 18:23, 25
19:3 26:24
throw 21:15
Thursday 1:6
tied 26:23
time 2:7 5:10
14:15 16:6 17:6, 7
18:16 21:16 24:20
28:6
timeframe 20:17, 20
today 11: 7 14:2
told 18:16
total 21:11
tougher 9:20
trail 21:2
transcription 28:8
Trial 2:8, 17 19:73
10, 16 21:7 24:10,
17, 22 25:9, 10, 10
trials 20:22
tried 23:14, 15
true 28:7
truly 16:11
try 14:4 20:23
25:5, 11
trying 2:12 7:18
9:1 14:10
two 5:12 6:6 10:1,
5, 7 21:19, 20, 25
22:3 26:9, 23
type 17:4
<U>
undermines 15:17
understand 10:11
understanding 4:8
20:24
Unfortunately 4:3
10:12 12:21 18:20
use 14:3 26:5
<V>
vested 2:24 3:5
9:11, 11 12:5
15:18 21:24
viable 8:10
VICE 1:17 10:1, 3,
9, 19 15:8 16:19,
22 17:22 19:5 22:6
victories 22:10
view 21:22
VILLAGE 1:1, 21,
22 2:15 3:9, 25
4:7, 17 7:2 8:11
9:18 11:1, 20, 22
15:24, 25 23:17
Village's 2:22
<W>
wait 5:14, 17
want 5:14 8:15, 21
11:10 14:23, 24
15:7 22:23 23:10
25:5, 19
wanted 22:13
wanting 23:2
wants 8:19, 25
way 5:2 10:9
13:20 16:8
ways 20:13
week 4:5 7:14
weigh 6:19 8:19,21
Well 2:10 5:20
6:4 15:13 17:24
22:13 24:15 25:9
26:5
went 4:6,7 23:4
WHEREOF 28:10
WILLIAM 1:16
willing 23:7 24:24,
25
wishes 8:12
WITNESS 28:10
won 18:16,19 22:7
word 26:4, 5
work 8:6 23:14
workers 8:6
works 22:24
wrinkle 4:19 9:25
written 11:23
<Y>
Yeah 10:7 15:9
25:7, 17
year 12:10 18:10
years 10:5, 8 13:13
25 14:1, 1 17:10
21:20, 20, 25 26:9,
24
Fosters vs Village of NPB
Preferred Real -Time Reporting, Inc. Page: 6