HomeMy WebLinkAbout09-28-2020 CC MinutesHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL ATTORNEY -CLIENT SESSION
MONDAY, SEPTEMBER 28, 2020 — 5:00 P.M.
Upon the Reopening of Public Meeting:
COMMUNITY REDEVELOPMENT AGENCY BUDGET HEARING &
SEBASTIAN CITY COUNCIL 2nd BUDGET HEARING — SPECIAL MEETING
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
MINUTES
1. Mayor Dodd called the Attorney Client Session to order at 5:00 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor Ed Dodd
Vice Mayor Jim Hill
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Christopher Nunn
Citv Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr. (via Zoom)
City Clerk Jeanette Williams
CFO/Administrative Services Director Kenneth Killgore
RECESS TO CONVENE ATTORNEY -CLIENT SESSION: In accordance with
F.S.286.011(8) a request was made by City Attorney Manny Anon, Jr. at the September
23, 2020 Regular City Council meeting to hold an Attorney -Client session to discuss the
following rase:
A. Pelican Island Audubon Society, Graham Cox, and Donna Halleran v.
City of Sebastian.
ESTIMATED LENGTH OF SESSION: Y2 hour
NAMES OF PERSONS ATTENDING: Mayor Ed Dodd, Vice Mayor Jim Hill, Council
Member Fred Jones, Council Member Bob McPartlan, Council Member Christopher
Nunn, City Attorney Manny Anon, Jr., Special Counsel Daniel L. Abbott of Weiss Serota
Hellman Cole & Bierman, P.L., City Manager Paul E. Carlisle, and a Certified Court
Reporter
Mayor Dodd announced that Council was to conduct a private attomey-client meeting in
accordance with F.S.286.011(8) to discuss settlement negotiations or strategy related to
litigation expenditures regarding the Pelican Island Audubon Society, Graham Cox, and
Donna Halleran Case #19-AP-142. He said in attendance would be Council, the City
Special City Council Meeting
2n0 FY20121 Budget Hearing
September 28, 2020
Page 2
Attorney, Special Counsel Dan Abbott, the City Manager and Court Reporter Greg
Campbell. The session was expected to last one hour.
The City Clerk confirmed the meeting notice was advertised on the corkboard in City
Hall's lobby, on the website, and distributed to a standing e-mail list as well as the
Council Members.
Council then convened to the 2nd floor conference room at 5:03 p.m. and terminated the
attorney client session at 5:36 p.m.
6. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY -
CLIENT SESSION
Mayor Dodd reconvened the public portion of the meeting at 6:00 p.m. All Council
Members were present.
7. CONVENE PUBLIC HEARING FOR THE COMMUNITY REDEVELOPMENT AGENCY
FY20/21 BUDGET
A. Conduct Public Hearinp on CRA Budget for FY20/21 — CRA Resolution No. 21-01
(Transmittal. CRA 21-01. Ex. A)
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT
AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2020 AND ENDING SEPTEMBER 30, 2021; MAKING FINDINGS; AUTHORIZING
AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to CRA Resolution No. 21-01, The City Manager said this
was required to be adopted separately but will be incorporated into their overall budget
document.
There was no public comment.
MOTION by Vice Chairman Hill and SECOND by Mr. MCPardan to approve CRA
Resolution No. 21-01 adopting the FY20/21 Community Redevelopment Agency budget.
Roll call: Chairman Dodd - aye
Vice Chairman Hill - aye
Mr. Jones -aye
Mr. McPartlan -aye
Mr. Nunn -aye
Motion carried. 5-0
8. MAYOR DODD RECONVENED THE CITY COUNCIL MEETING AT 6:03 P.M.
Special City Council Meeting
2n0 FY20/21 Budget Hearing
September 28, 2020
Page 3
9. PUBLIC HEARING
A. Final Hearina on Millaae for Calendar Year 2020 and FY 2020/2021 Budget
Attorneyy advises Council on Procedure for MillaQ,e/Budget Hearin? and
Reads Titles for Resolutions R-20-20. R-20-21. R-20-22 and R-20-23
The City Attorney read the titles to Resolutions R-20-20, R-20-21, R-20-22, and R-
20-23.
Citv Manaaer Announces Proposed Millaae Rate of 3.1514 Mills
The City Manager announced the budget currently holds a millage rate of 3.1514
mills which was set at the first hearing; Council can lower the rate but cannot go
higher.
iii. Budget Overview Power Point Presentation
The CFO said at the previous work sessions and public hearings, staff presented
three millage rates: rolled -back rate of 2.8091 which would leave the City short to
balance the budget and not provide anything for labor negotiations or other
unknowns; the millage rate of 2.9399 would also not provide anything for labor
negotiations or other unknowns; and the recommended millage rate of 3.1514 which
does provide a $300,000 increase in revenues, protection for possible shortfalls,
room for labor negotiations, and legal expenses but most importantly a base for
future years.
The CFO said the Citizens Budget Review Advisory Board did recommend the rate
of 3.1514; a taxpayer with a homesteaded $200,000 home would pay $38.00 more.
He stated that he advertised the public hearing in the newspaper on Saturday and
noted he was also asking for the financial policies to be adopted with no changes
from last year as well as the Capital Improvement Program which included the
additional year.
He offered to respond to any questions by Council.
The City Attorney cited F.S.200.065(2)(c) — Method of Fixing Millage
"Prior to the conclusion of the hearing, the governing body of the taxing
authority shall amend the tentative budget as it sees fit, adopt the amended
tentative budget, recompute its proposed millage rate and publicly
announce the percent, if any, by which the recomputed proposed millage
rate exceeds the rolled back rate computed previously. That percent shall
be characterized as the percentage Increase in property taxes tentatively
adopted by the governing body."
Further, Subsection (2) (d) "requires that we advertise the tentative millage
and budget along with the final hearing date .... In no event may the millage
rate adopted... exceed the adopted tentative millage".
and Subsection (2) (e) (1):
"The first substantive issue discussed shall be the percentage increase in
millage over the rolled -back rate necessary to fund the budget, If any, and
Special City Council Meeting
2n0 FY20/21 Budget Hearing
September 28, 2020
Page 4
the specific purposes for which ad valorem tax revenues are being
Increased. During such discussion, the governing body shall hear
comments regarding the proposed increase and explain the reasons for the
proposed increase over the rolled -back rate. The general public shall be
allowed to speak and to ask questions prior to adoption of any measures
by the governing body. The governing body shall adopt its tentative or final
millage rate prior to adopting its tentative or final budget"
He also reminded Council that the public should be allowed to speak as outlined in
Resolution No. R-20-02.
IV. Mavor O ens Hearing for Public Comment on Millaae. Budaet. CIP and
Financial
Mayor Dodd opened the hearing to the public at 6:18 p.m.
Mavor Closes Public Hearinq
There was no one to speak in person or on Zoom.
vi. City Council Deliberation and Action:
a) Adoot Resolution No. R-20-20 Millaae Rate for Calendar Year 2020
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A MILLAGE RATE OF 3.1514 MILLS FOR THE CALENDAR
YEAR 2020 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING
OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to set the
millage rate at 3.1514 mills which is 12.19% over the rolled -back rate.
Vice Mayor Hill said it is unfortunate that the situation the City is in requires that they
cannot go to rolled -back rate with the same level of services; this was one instance
that they have to do this so the City is in a better position next year.
Council Member Nunn said he agreed begrudgingly; it was the right thing to do.
Council Member Jones said he was in total agreement.
Council Member McPartlan said the Budget Review Advisory Committee did an
exceptional job and thanked the CFO.
Mayor Dodd said he agreed 100% and would support Resolution No. R-20-20.
Roll call: Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd - aye
Motion carried. 5-0
Special City Council Meeting
2n° FY20/21 Budget Hearing
September 28, 2020
Page 5
b) Adoot Resolution No. R-20-21 Budget for Fiscal Year 2020/2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; MAKING
APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL
EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENT ON THE
INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL
REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS,
GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND
AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING
AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve
Resolution No. R-20-21.
Vice Mayor Hill said the budget was extraordinary as it has improvements for roads,
drainage, and parks. Council Member Nunn thanked the CFO for the budget.
Council Member McPartlan asked that the highest priority be stonnwater.
Roll call: Council Member Jones - aye
Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd -aye
Vice Mayor Hill - aye
Motion carried. 5-0
c) Adoot Resolution No. R-20-22 Aooroval of Six -Year CIP — FY 2021-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS ENDING 2021-2026; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Vice Mayor Hill and SECOND by Council Member Jones to adopt
Resolution No. R-20-22 to approve the FY2021-2026 Capital Improvement Plan.
Council Member McPartlan asked again for stormwater to be a priority.
Mayor Dodd said this is the area that might get hit harder than they anticipate with
regard to the discretionary sales tax and gasoline taxes so he asked the City
Manager to protect the City from that happening.
Roll call: Council Member McPartlan - aye
Council Member Nunn - aye
Mayor Dodd -aye
Vice Mayor Hill - aye
Council Member Jones - aye
Motion carried. 5-0
Special City Council Meeting
2n° FY20/21 Budget Hearing
September 28, 2020
Page 6
d) Adoot Resolution No. R-20-23 Aooroval of Financial Policies
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA ADOPTING FINANCIAL POLICIES GOVERNING
VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN
ATTACHMENT 'A'; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Dodd said this was a document of how the budget process works.
MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve
Resolution No. R-20-23, the financial policies for the City of Sebastian.
Roll call: Council Member Nunn - aye
Mayor Dodd -aye
Vice Mayor Hill - aye
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 5-0
10. Being no further business, Mayor Dodd adjourned the Special Meeting at 6:29 p.m.
Approved at the November 18, 2020 Regular City Council Meeting.
Mayor Ed Dodd
ATTEST:
lJn,Ntt,,
Clerkams, C — City Clerk
SEBASTIAN CITY COUNCIL
SEBASTIAN, FLORIDA
ATTORNEY -CLIENT CLOSED SESSION
IN RE: PELICAN ISLAND AUDUBON SOCIETY, GRAHAM COX, and
DONNA HALLERAN v. CITY OF SEBASTIAN
CASE NO.: 19AP142
*** SEALED ***
SEPTEMBER 28, 202C
5:06 p.m. - 5:35 p.m.
CITY COUNCIL CHAMBERS
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
IN ATTENDANCE:
Ed Dodd, Mayor
Jim Hill, Council Member
Fred Jones, Council Member
Bob McPartlan, Council Member
Christopher Nunn, Council Member
Manny Anon, Jr., City Attorney (By Zoom Video)
Paul E. Carlisle, City Manager
Daniel L. Abbott, Esquire, Special Counsel (By
Zoom Video)
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SEBASTIAN, FLORIDA: SEPTEMBER 28, 2020
WHEREUPON:
MAYOR DODD: Okay. It is, by my clock here, 5:06
and I'll call the attorney -client session to order. Manny,
I'm assuming you want me to read this or are you going to
read this?
CITY ATTORNEY ANON: (Indicating.)
MAYOR DODD: Me? All right. City of Sebastian
Attorney -Client Private Session for September 28, 2020 is
now called to order.
CITY ATTORNEY ANON: Mr. Mayor, can you hear me?
MAYOR DODD: Yes, I can hear you.
CITY ATTORNEY ANON: I think you're on mute.
MAYOR DODD: We're on mute?
THE COURT REPORTER: Yes, you're still on mute.
CITY MANAGER CARLISLE: Don't touch it. I got it.
MAYOR DODD: Are we on mute now?
CITY MANAGER CARLISLE: You're unmuted.
CITY ATTORNEY ANON: And the court reporter is
present?
THE COURT REPORTER: Yes, sir.
MAYOR DODD: Yes. Are we, are we muted?
CITY MANAGER CARLISLE: No.
MAYOR DODD: Manny, can you hear me?
CITY ATTORNEY ANON: Yes.
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MAYOR DODD: Okay. Good. All right. We are now
in the executive session with a court reporter present. The
court reporter will record the time and commencements,
6-0... 5:06 is when you started the meeting, and a time of
termination which will be determined at the end of the
session.
The court reporter's notes will be fully
transcribed and filed with the City Clerk within a
reasonable time after the meeting. The transcribed notes
are exempt from the Public Records Law until the litigation
is complete, including all appeals. Those of us who are
here, let's go around the room and, please, state your name
and your position. I'll start. I'm Ed Dodd, Mayor.
COUNCIL MEMBER JONES: Fred Jones, Council Member.
CITY MANAGER CARLISLE: Paul Carlisle, City
Manager.
COUNCIL MEMBER McPARTLAN: Bob McPartlan, Council
Member.
COUNCIL MEMBER NUNN: Christopher Nunn, Council
Member.
VICE MAYOR HILL: Jim Hill, Vice Mayor.
MAYOR DODD: And then, start with Manny.
CITY ATTORNEY ANON: Manny Anon, Jr., City
Attorney.
MAYOR DODD: And then, Mr. Abbott.
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MR. ABBOTT: Good afternoon. Dan Abbott, outside
counsel.
MAYOR DODD: All right. No one else is present in
this room at this time except for the court reporter,
Mr. Greg Campbell. We estimate, approximately, one hour for
this session. At the conclusion of the session, city
manager will go out and inform the public that the public
meeting can reconvene. All right. I'll turn this over to
you, Manny, Dan, whichever one.
CITY ATTORNEY ANON: That would be me, sir. I'll
start off. I don't think this is going to take a full hour
because I did get some good information for you. But just
for the record again, my name is Manny Anon, Jr., City
Attorney. I am here with Mr. Dan Abbott who's the outside
litigation council with the law firm of Weiss, Serota,
Helfman, Cole & Bierman. He served as litigation counsel
for the city on the annexation case.
We are here today because I expressed the need
last week to advise -- for advice concerning settlement,
we're already at that point, which is currently pending
against the city in the 19th Circuit Court case of Indian
River County under the name of Pelican Island Audubon
Society, et al. v. City of Sebastian, Case No. 19-A, Alpha,
"P," papa... hold on one second... 142.
Specifically, I am in need or we are in need of
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1 advice concerning settlement negotiation and strategy
2 related: Where we're going to go from here. As previously
3 indicate, this session has been appropriately announced and
4 advertised pursuant to Florida law. This session is being
5 held pursuant to Florida Statute 286.011, subsection 8,
6 which provides an exception to the Sunshine Law by allowing
7 a governmental entity to meet privately with its attorneys
8 to discuss such matters that we will discuss here tonight.
9 Again, I will remind you that this statutory
to exception is narrowly construed by the courts. We must
11 confine all discussions to settlement negotiations and
12 strategies, that's what we're here for, pending the current
13 litigation case. Any other discussion can be considered
14 violation of the Sunshine Law so there are, in fact, cases
is pretty much that state that.
16 At this point, there can be no formal vote. We're
17 not going go ask for a vote like last time. We're just
is going to ask for guidance and no final action will be taken
19 at this meeting.
20 The purpose of this session is just to discuss,
21 again, settlement negotiations and where does the city want
22 us to go at this point in time and to allow discussion
23 amongst yourselves with which, which can help us make that
24 decision to which course and point direction you want us to
25 take.
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The court reporter's notes will be transcribed
within a reasonable period after the session. After they
are transcribed, they will be sealed and filed with the city
clerk until the conclusion of the litigation matter on this
case settlement. The transcript as this session will
ultimately be available to the public at the conclusion of
this litigation. I want to make sure that everyone is clear
on that. So when this case settles, obviously everything
gets released. Since the first part was already settled,
those two prior meetings have already become public. But
this is now specifically about settlement and once we
conclude settlement matter then this matter will also become
public.
If at any time we discuss, we find that we're kind
deviating or discuss or continue to go outside the statutory
exception, don't he offended, I'm just going to try to
hurtle you guys back to what we're talking about and we can
move as quickly as possible. I just want to protect the
integrity of the process at this point in time.
Let's see what else we got here... at this point
in time, I will -- I won't get into the details of the
lawsuit because that's really over because that matter's
already been resolved. There's no appeal was taken. And
the transcript, like I said, had already become public.
However, for council's previous guidance, we were
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asked to begin working from Graves Brothers in order to get
the fees paid in accordance with the annexation which is
what Mr. Abbott has been doing.
So with your permission, Mr. Mayor, at this time I
will defer to Mr. Dan Abbott to discuss the... that legal
presentation on settlement and see where you, where you want
us to go. Mr. Abbott.
MR. ABBOTT: Thank you, Manny. And good afternoon
everybody, to everybody, but especially those of you who I,
who I have not met before. I think you know the lawsuit
that we're here to talk about. It's Pelican Island v. The
City of Sebastian. It was Pelican Island and two of its
members that challenged the city's attempt at voluntary
annexation of certain property owned by a company called
Graves Brothers. And in that challenge, Pelican Island
raised a number of issues of which only one was successful.
But unfortunately, it only takes one to invalidate an
annexation.
And a three -judge panel of the circuit court held
that the map that the city published in a newspaper that
was, that was supposed to depict the land that was subject
to the annexation had a small five -acre error on it and so
the court invalidated that annexation. And as, as Manny
pointed out, we were entitled to appeal that decision but we
elected not to appeal it and we asked Graves Brothers if
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1 they wanted to appeal in their own name and they didn't
2 appeal it so that decision has become final.
3 I want to make it clear though that doesn't keep
4 you from annexing this property; means, that annexation was
5 not successful but assuming the city and you all want to
6 annex the property and assuming the property owner wants to
7 annex the property, you can do it again and as long as it's
8 done in accordance with statute you can annex the property.
9 The statute that allowed Pelican Island to
to challenge the annexation has a prevailing party attorneys'
11 fees provision. And so when the circuit court invalidated
12 the annexation, they also held that Pelican Island was
13 entitled to an award of the attorneys' fees and costs that
14 they incurred in invalidating the annexation and so they
15 have now filed a motion to collect their attorneys' fees and
16 costs and their motion seeks recovery of $26,183; that
17 includes both their fees and the costs that they have
18 incurred. And that motion is set for hearing in a couple of
19 weeks. It's set for hearing on October 9th.
20 Let me digress just very briefly and tell you
21 about an annexation agreement that the city has with Graves
22 Brothers. Before the annexation was attempted we entered
23 into a annexation agreement which is, which is a contract, a
24 contract with Graves Brothers and that contract provided for
25 a number of things but it specifically provided that Graves
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1 Brothers would have to reimburse the city for any expenses
2 it incurred in a challenge to the annexation and that
3 included both the fees that you pay to your attorneys,
4 primarily to me and my law firm, and the fees that might be
5 awarded to a challenger, like, Pelican Island.
6 And so when we got this motion for fees in
7 consultation with your city attorney or city manager, we
a sent it over to Graves Brothers really with a message that
9 this is really your responsibility so you should decide if
10 you want to resist the motion and what lawyer you want to
11 retain to resist the motion for you.
12 And I have since been in communication with the
13 lawyer for Graves Brothers and here's what he said, the
14 first thing that he said is: We should just agree to an
15 order on the motion. And I think that I agree with that.
16 The motion seeks, again, $26,183. We can resist that
17 request by suggesting that those fees aren't reasonable,
18 either that the amount of hours that the attorney purports
19 to have spent were too many or the hourly rate that he
20 claims to have used was too high of a rate to be reasonable
21 in the local community.
22 But having looked at it, it really doesn't look
23 unreasonable to, to me and it didn't look unreasonable to
24 the attorney for Graves and it would cost you some money to
25 resist that motion. First of all, you would have to pay an
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1 attorney to go to the hearing and resist the award; and
2 secondly, the best way to resist a request for attorney fees
3 is to call your own expert, some, some expert in the field
4 who would presumably be a lawyer who would say either that
5 hourly rate is more than the hourly rate that is usually
6 charged in the community or those hours that were expended
7 were unreasonable.
8 My point being, it would cost you money to resist
9 the motion and since we don't think that really the number
10 being requested is unreasonable that we should agree to the
11 motion and not have a hearing on it and that's our
12 recommendation for you.
13 Let me tell you one more thing in those
14 conversations with the Graves' attorney, remember it began
15 with our suggestion that they should really call the shots
16 on this because it is their responsibility. They said...
17 the attorney said the following -- And let me preference
18 with what I'm going to say with the following, my marching
19 orders from the city has been to not, not to behave
20 especially aggressive towards Graves not to pick an
21 unnecessary fight because the city might be interested in
22 annexing the property and the last thing you would want to
23 do is have your lawyer pick an unnecessary fight and have
24 them leave the negotiating table in a huff.
25 And the Graves' attorney returned the same message
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1 to me. He told me it is his marching orders as well not to
2 get into an unnecessary fight and he is very candid with me
3 and he says, Graves is still interested in annexing into the
4 City of Sebastian and they're looking forward to meetings
5 perhaps with the city manager to begin those efforts again.
6 So no hash word were exchanged but he did say the
7 follow, he said: If we were to agree to this motion; in
8 other words, agree to an order that Pelican Island would get
9 $26,183 that Graves would pay that amount. He said,
10 however, that Graves is not currently inclined to reimburse
11 the city for the city's own defense cost. And again, those
12 defense cost are primarily the fees the city has paid to my
13 law firm to defend the case. And the reason he offered is
14 because the basis for the invalidation was an inaccurate map
is and because the city placed the ad in the paper, they think
16 it's the city's fault.
17 Now, I don't want to get too far down in the weeds
18 on that but I'll tell you two things: First of all, under
19 the terms of the annexation agreement I don't think that's a
20 defense. The annexation agreement says that they'll pay you
21 to defend an annexation challenge and doesn't say anything
22 about except if the city made a mistake. So I think the
23 city if they were to press Graves Brothers would be able to
24 recover reimbursement for the fees that the city has
25 incurred.
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1 The second thing is, when Graves says this was a
2 city mistake, that's not really true because that map was
3 put together by a consultant for Graves Brothers. And while
4 we placed the ad, the map was really prepared by, by
5 another. But so I pass that really on to you for
6 informational purposes.
7 So, so I guess the issue before you today is:
8 Should we agree to the motion and agree to the $26,183 or
9 should we oppose that effort at a hearing. And really, I
10 guess that's all you need to decide today. Graves will
11 either pay that amount or not pay the amount and we'll
12 reimburse you for my fees or not reimburse you for my fees
13 and I don't think that you need to decide what you would do
14 about that today, although, any direction you wanted to give
is on that subject would, would be well received. That's what
16 I have to report for you, but I'm here to answer any
17 questions that you might have.
18 CITY ATTORNEY ANON: Mr. Mayor, I'll let you
19 control the meeting, Mr. Mayor.
2.0 VICE MAYOR HILL: Yeah. At first -- I think the
21 first question I would have is for Dan: What is the amount
22 that the city is, is indebted to your firm?
23 MR. ABBOTT: Thank you, sir. I... our total
24 invoices, I tallied them up before this call, are about
25 $39,000. But I'm not sure that all of that is really the
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1 defense cost for the Pelican Island litigation; for
2 instance, we've had a number of executive sessions like this
3 one which really aren't, How are we going to defend the
4 case. And, of course, I charge, charge the city for my time
5 here. But, you know, Pelican Island didn't have similar
6 expenses like that. We also had a number meetings with
7 Graves Brothers because, again, they had a dog in this
8 fight. So the answer to your question, sir, is about
9 $39,000, but I'm not sure how much of that was really the
10 defense cost to really defend the lawsuit.
11 VICE MAYOR HILL: So would it be, would it be safe
12 to say that maybe it's in the mid -thirties range, similar to
13 what Pelican Island is owed in that range?
14 MR. ABBOTT: I'd, I'd it's probably in that
15 neighborhood. If we were to say about $30,000 for defense
16 cost and Graves is requesting 26,000, I think, I think
17 they're in the ballpark, yes, sir.
18 VICE MAYOR HILL: Okay. So we're... it seems
19 like... if we, if we go ahead and say that we don't want to
20 defend, which it seems to me we should not go into a court
21 hearing to basically fight something that we're obligated to
22 do, essentially, by law, correct?
23 MR. ABBOTT: Well, we're certainly obligated to
24 pay them their reasonable fees. So if we go to the hearing
25 we're going to be ordered to pay them something. It could
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theoretically be less than the $26,000 --
VICE MAYOR HILL: Right,
MR. ABBOTT: -- if we can urge the Court that
that's an unreasonable amount to have requested.
VICE MAYOR HILL: But in your opinion -- and I
will ask you, Mr. Anon -- that, that does not seem
unreasonable?
CITY ATTORNEY ANON: My, my opinion is, no, it's
not unreasonable. We discussed the fees as well. So once
that case became final and the order was not appealed that's
where we're at now. That's one cost that we have to figure
out what we're going to do. But, yeah, I think it's
reasonable and fair.
VICE MAYOR HILL: Yeah. Okay. So, I mean, I
would think that it doesn't make any sense for us to pursue
any argument against the, the order.
MAYOR DODD: Yeah. You got questions?
COUNCIL MEMBER ]ONES: No. I agree.
COUNCIL MEMBER McPARTLAN: I guess, my only...
We've got to pay it, 26,183-or-whatever, what's the wording
that comes out of this when they get paid --
VICE MAYOR HILL: Well, I think that --
COUNCIL MEMBER McPARTLAN: -- if they're right and
we're wrong?
MAYOR DODD: No. None of that comes out --
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COUNCIL MEMBER MCPARTLAN: Okay.
MAYOR DODD: -- I mean, that's --
COUNCIL MEMBER McPARTLAN: All right.
CITY ATTORNEY ANON: If I can Mr. -- Council
Member McPartlan, it's just the, the amount. At this point
since the case is over, now we... now the attorneys have
filed their attorney fees for collection, you know, for, for
or before and the decision we have with you guys today is to
either because they're agreeing to pay that amount they're
questioning the second part right now.
But right now the issue before us: That hearing
we have coming up. And if we can just agree to it, that act
is over. And if you guys want to give us guidance as to the
second part of it, then, that's where we'll be more than
welcome to listen to guidance and what you want us to
pursue. But right now the real issue is, will you agree,
we're, we're recommending it to go ahead and allow them to
go ahead and enter this order and they will be paying for
that now. We're not paying for it. They're paying for it.
COUNCIL MEMBER McPARTLAN: I'm, I'm fine with the
first part --
VICE MAYOR HILL: Graves is paying it.
COUNCIL MEMBER McPARTLAN: -- the second part I'm
a little concerned, yeah.
COUNCIL MEMBER JONES: I think we should come back
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1 to that.
2 COUNCIL MEMBER NUNN: No, I'm fine with the 26-.
3 Obviously, that's a no-brainer there, it's the other part
4 that we have to discuss about the thirtysomething-grand
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MAYOR DODD: All right. So it sounds to me like
we've got a consensus on not... on, on not challenging the
26,183 but going ahead and, and working through the process
of paying that.
CITY ATTORNEY ANON: We'll get it -- enter in an
order, an agreed order. Now, do you want to give us some --
I think Mr. Abbott might want some direction on Part 2. Do
you want to discuss that --
MAYOR DODD: Yeah. I kind of, like, maybe to
discuss the defendant's fees. And I understand we don't
want to get into a, a legal battle with Graves because not
only does he have that piece, he has some other property and
there's still... that whole 510 corridor is important to us.
But I also understand that his engineer produced that map
that we put into the paper so if we have to share those
cost, those defense costs, with them that might be one
thing. I don't know, I don't know that I wouldn't be
unwilling to share that some way or another to work out some
agreement on but I don't think we should pay that whole
$30,000 defense cost.
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1 VICE MAYOR HILL: Yeah. I mean, I would say that
2 we, we could use it as certainly a negotiating tool. I
3 mean, if he's going to come back to the city he's going to
4 have a lot of fees that he's gonna have to pay, right? I
5 mean, annexation fees and all those other things. So he's
6 got a great expense that he's put into this project already
7 that he's lost so we would have to go into this with
8 negotiation in my mind whether or not we take that $30,000
9 and maybe use it in something else. And I don't know if I'm
10 getting off base here but --
11 CITY ATTORNEY ANON: No, you're good.
12 VICE MAYOR HILL: -- but when we're, when we're
13 going into the negotiating process and we say, All right,
14 well, let's make this look right, you pay that fee but we'll
is waive annexation fees.
16 And so because he's already paid the annexation
17 fees, we can say, We'll waive those fees rather than this so
is that, that there's not really a: Well, we think it's the
19 city's fault in this or we're saying we think it's your
20 fault when we think we have an agreement that's pretty
21 locked tight that you pay the legal --
22 MAYOR DODD: Manny, does that sound like something
23 that we could, that we could effectively do without getting
24 ourselves caught in the middle as to work an arrangement --
25 CITY ATTORNEY ANON: Well, I think from my -- I
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didn't have any conversation -- I'll let Mr. Abbott explain.
But my understanding is that they're very amenable to come
back. And I think the second part of the fees which we
believe they -- we're still entitled to it, I think that
might be some room, like, Vice Mayor Hill was suggesting,
that might be the wiggle room that we could bring them back
on board and maybe, you know, I don't know, split the baby
or... for lack of a better word.
VICE MAYOR HILL: Well, we're not working at --
we're not --
CITY ATTORNEY ANON: -- does that sound --
VICE MAYOR HILL: We're not working that out
tonight. We're just saying: Are we amenable --
CITY ATTORNEY ANON: No. No.
VICE MAYOR HILL: -- are we... would we be willing
to talk about not necessarily saying you pay all of that.
We're talking about potentially negotiating with the
developer to come back into the community using all of those
different --
COUNCIL MEMBER McPARTLAN: I'm sorry, I might have
misunderstood. Mr. Anon, did you say they're entitled to
that$39,000?
CITY ATTORNEY ANON: We.
COUNCIL MEMBER ]ONES: We.
COUNCIL MEMBER McPARTLAN: We.
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CITY MANAGER CARLISLE: Well, I don't know if
it's -- Mr. Mayor, if I may.
COUNCIL MEMBER NUNN: A portion of it.
MAYOR DODD: Yeah, you know, one at a time so the
guy can get it.
CITY MANAGER CARLISLE: Mr. Mayor, if I may.
MAYOR DODD: Okay.
CITY MANAGER CARLISLE: It's, it's about 30,000
when you take the deducting... deduct the non -defense cost
out of that. And so I agree, you know, with Mr. Hill --
Vice Mayor Hill that if we were to be given direction to
negotiate, we would never settle that negotiations without
coming back to an attorney -client session, but if we can get
direction from you all: What is the bottom line? Is it
split it? Is it waive the fees? Reduce some of the costs?
Or say, No, you're going to pay the whole 30,000 and then
you're going to pay cost?
Whatever this council decides we will follow that.
But we would like some direction on how to move forward so
if he does want to sit down with it with us -- and this is
strategy part of it, the executive session -- we can have
that tool in our tool box and discuss with him.
MAYOR DODD: I think if assuming we move forward
with Graves at some point in time next year with the
annexation, it's to our advantage to have him pay the
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defense fees and have us then negotiate the reduction in the
fees he will be paying for the annexation process. I think
we can do that.
I think it would be a disadvantage for us to go
forward and have people say, Oh, what you had to pay to
fight it in court and now you're doing it again. So I'm
just looking at it from that perspective.
VICE MAYOR HILL: But, but you're also talking
about: And what are the annexation fees for a property of
that size?
CITY MANAGER CARLISLE: I don't know all the
numbers --
VICE MAYOR HILL: But they're thousands of
dollars.
CITY MANAGER CARLISLE: He spent about $80,000 --
VICE MAYOR HILL: So you're in a tune of
$80,000 --
MAYOR DODD: Well, I'm just saying in
negotiations --
VICE MAYOR HILL: No. Right. So if you were to
say if we were actually at a negotiating table with Graves
and said, Look, we really think you would look better if you
went ahead and took care of this because of the annexation
agreement; however, we're willing to talk about some of the
annexation fees going forward that would off set your
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expenses --
MAYOR DODD: Yes. Yes.
VICE MAYOR HILL: -- for these, for these --
MAYOR DODD: And let them negotiate.
VICE MAYOR HILL: And I think if we went forward
with that way then, then the city's got... the city looks
good because the agreement that was signed, the annexation
agreement, has been fulfilled and then we go forward and we
show good faith in trying to, to bring this property.
MAYOR DODD: And I think it's... would be
reasonable for us to work with him on those fees anyway
because —
VICE MAYOR HILL: Of course.
MAYOR DODD: -- he's not, he's not... he's being
forced to come back because of that forces beyond his
control and beyond our control realistically so I think it
would be... to do that.
COUNCIL MEMBER NUNN: My, my opinion is, I'm all
for negotiating because he's having to do this all over
again. And I would caution us to be careful that it doesn't
look like we're trying to be favorable to get him to come
back and give him money because of that. That's my only
concern as this all comes out down the road: We're not
being favorable, we want them to do... we want them to do
their full duty and pay their fees and I think they should
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pay the court cost, at least, part of it.
MAYOR DODD: Manny?
CITY ATTORNEY ANON: If I can. There are two
separate issues here: No. 1, is the fee that we have to pay
which they... which we would agree that we will enter into
an order and that's resolved, that resolved the entire case
now; the other issue is our contractual agreement with them,
separated issue. That's where I'm hearing good guidance
and, and we'll go forward, going from this point forward.
That's, that's where now we start the second part of whether
or not they pay for all of it or, like, Vice Mayor Hill was
suggesting, you know, whatever. But I, but I think it's, I
think it's a correct theme on here.
VICE MAYOR HILL: -- it's going to be done without
us coming back into this room sitting down and having
everything put in front of us.
MAYOR DODD: If I understand what the direction
is: We give them -- we ask them to negotiate the
thirtysomething-thousand dollars in defense fees, for Graves
to pay those, and then part of that negotiation they can
come up with some means by which some future work with
Graves might work out through that and then they can bring
that back to us. Paul?
CITY MANAGER CARLISLE: So I want to make sure
everyone understands. When I said that Graves spent
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$80,000, they don't have to redo their engineering plans,
they don't -- that was a part of that 80,000 so his, his
cost to the city is probably closer to 5- or 6,000 in just
our, our fees so that's not a lot of --
MAYOR DODD: I, I wouldn't... quite frankly, since
his engineer provided us that the map we did put it in
the paper but his engineer provided it -- I wouldn't expect
him to think that he can't... he's not going to pay some of
that $30,000.
CITY MANAGER CARLISLE: Well, that was my
conversation early with Mr. Abbott was: He didn't know they
provided the map and that's why I said it. He... okay, we
should have verified it. I, I think that staff should take
some --
MAYOR DODD: Yeah.
CITY MANAGER CARLISLE: -- some omission in that;
but the second is that, their engineer's the one who
provided the map.
MAYOR DODD: Correct.
CITY MANAGER CARLISLE: And we did, we did put a
corrected map in the second hearing so we did correct that
error.
VICE MAYOR HILL: There's a certain level of
culpability on both sides.
MAYOR DODD: On all sides, yes.
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VICE MAYOR HILL: I mean, the fact of the matter
is: We didn't check the map before it went in. It doesn't
necessarily make it our fault but we're the ones who
actually put the wrong map in the paper.
So there's certain, there's a certain level of, I
guess you could say, blame here. But I think as long as we
just go forward and have it as a chip, right, that's a chip,
so whether it's half, whether it's all, plus, whatever or
whatever it is, go forward, I think, and just go -- and
start the negotiate processes. I think the key is, is: Are
we willing to discuss this with them to potentially have his
property in the City of Sebastian in the future.
MAYOR DODD: My personal preference is we
definitely want to discuss it.
COUNCIL MEMBER NUNN: I, I agree. We definitely
want to discuss it.
COUNCIL MEMBER McPARTLAN: I wouldn't go with half
or three-quarters. I'd go with a quarter. 7500 is my
number.
(LAUGHS/)
COUNCIL MEMBER ]ONES: I'm totally for it. I
think that we need to go forward.
MAYOR DODD: All right.
CITY MANAGER CARLISLE: Mr. Mayor, if I can just
clarify. So we would not agree to anything. They're going
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to bring their conversation to us. We'll bring what we have
to them. They'll make an offer. And they may say, This is
our final offer. We'll have to bring it back to you all to
give us more strategy to, to negotiate up or down. I hope
we're not tying our hands but we'll bring back to you any
and all offers they make. And you as a council will decide
at that point whether you want to take it or say all or
nothing.
MAYOR DODD: I would agree with that to a point.
We can't negotiate it. You have to do that.
CITY MANAGER CARLISLE: That's correct.
MAYOR DODD: So you don't need to come back to us
until you feel like you're at an end of negotiations.
CITY MANAGER CARLISLE: That's correct.
MAYOR DODD: Okay. All right.
CITY ATTORNEY ANON: Well, the additional guidance
then we're hearing is that you're going to authorize...
(Zoom audio distortion)... the second part of the
negotiation to see if we can come back to you guys with
something more reasonable; is that correct?
MAYOR DODD: Yes.
CITY ATTORNEY ANON: That's what I'm hearing.
COUNCIL MEMBER NUNN: Yes.
VICE MAYOR HILL: Yes.
MAYOR DODD: How about you, Dan, are you okay with
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that direction.?
MR. ABBOTT: Sure. All of that sounds fine. I
would only offer one, one, one observation. I think I heard
during the discussion that possibly we would bring those
negotiations and the status of them to you in an executive
session like you're having now. I don't think we're going
to able to do that because once we settle this, this
litigation will be over and you will have lost that
authority to meet privately. But I'm sure your negotiating
team will find the proper method to bring, to bring the
elected officials up -to -speed with the status of those
negotiations.
MAYOR DODD: That's fine.
CITY ATTORNEY ANON: I agree. This, this, this
settlement that we're agreeing to, for the 26-whatever, once
that's over the whole case is over. The second part is our
contractual obligation -- or their contractual obligation to
us. Since we're not paying litigation, there won't be a
Shade Meeting. That will be on the public. So hopefully
you -- I'm hearing direction for Paul to go forward and
we'll, we'll, we'll get back to you guys in some kind of
public meeting, obviously.
MAYOR DODD: Okay. So let me sum this up real
quick just to make sure, two issues: First one is the
plaintiffs fees, roughly $26,183, and the direction or the
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consensus we have is not to resist that motion but to move
forward with paying that; and then, the second part of that
will be the defense fees and our direction is for the city
to try and negotiate that with Graves and work out some type
of amenable payment process on that so that they pay some
part of that if we have to pay some part we do but we try to
do that with future fees instead of with cash.
CITY ATTORNEY ANON: Graves will be paying for
that. Once we agree to that then Graves will be paying for
that and then we'll, we'll start Part 2 with, with your
direction to Paul. Is that clear enough, Dan, you good?
MR. ABBOTT: It is, yes. Thank you for your
direction.
MAYOR DODD: All right. Thank you guys.
CITY ATTORNEY ANON: All right. Sir, our next
thing starts at 6:00 prompt so I guess you convene and we've
got to reopen at 6:00 exactly.
MAYOR DODD: Yeah, we're not, we're not going to
start until 6:00. But, Manny, don't go anywhere because I'm
going to end this session and then I'd like to ask you a
question with these guys sitting here. I think we can do --
Okay.
on.
CITY MANAGER CARLISLE: Hold on. Hold on. Hold
CITY ATTORNEY ANON: As long as it's not --
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2 this.
3 MAYOR DODD: No. I'm ending the executive
4 session.
5 CITY MANAGER CARLISLE: But you can't have a
6 conversation outside of --
7 MAYOR DODD: We're not having it. Thank you,
8 Manny. All right. It's 5:35 and so at 5:35 the executive
9 session ended. And we will reconvene the council meeting at
10 6 o'clock.
11 (Thereupon, at 5:35 p.m., the above -entitled
12 matter was concluded.)
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STATE OF FLORIDA )
: SS
COUNTY OF INDIAN RIVER )
CERTIFICATE
I, GREGORY CAMPBELL, Notary Public of the State of
Florida at large, certify that I was authorized to and did
stenographically report the foregoing proceedings and that
the transcript is a true and complete record of my
stenographic notes.
DATED this 20TH day of OCTOBER, 2020.
Admilkh
GRE ZRYCAMPBELL, COURT REP
Commission No. GG 364132
My Commission Expires 08/08/2023
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advice 4:19 5:1
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agreeing 15:9
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annex 8:6,7,8
annexation 4:17
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answer 12:16
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appeal 6:23
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appropriately
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attempt 7:13
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ATTENDANCE
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27:25
attorney -client
1:3 2:4,9
19:13
attorneys 5:7
9:3 15:6
attorneys' 8:10
8:13,15
audio 25:18
Audubon 1:4
4:22
authority 26:9
authorize 25:17
authorized
29:10
available 6:6
award8:13 10:1
awarded 9:5
baby 18:7
back6:17 15:25
17:3 18:3,6,18
19:13 21:15,22
VERO BEACH COURT REPORTERS
772-231-2231
22:15,23 25:3
25:5,12,19
26:21
ballpark 13:17
base 17:10
basically 13:21
basis 11:14
battle 16:16
began 10:14
behave 10:19
believe 18:4
best 10:2
better 18:8
20:22
beyond 21:15
21:16
Bierman 4:16
blame 24:6
board18:7
Bob 1:15 3:17
bottom 19:14
box 19:22
briefly 8:20
bring 18:6 21:9
22:22 25:1,1,3
25:5 26:4,10
26:10
Brothers 7:1,15
7:25 8:22,24
9:1,8,13 11:23
12:3 13:7
C
call2:4 10:3,15
12:24
called 2:10 7:14
Campbel14:5
29:9,18
candid 11:2
care 20:23
careful21:20
Carlisle 1:16
2:16,18,23
3:15,15 19:1,6
19:8 20:11,15
22:24 23:10,16
23:20 24:24
25:11,14 27:23
28:1, 5
case 1:5 4:17,21
4:23 5:13 6:5
6:8 11:13 13:4
14:10 15:6
22:6 26:16
cases5:14
cash 27:7
caught17:24
caution 21:20
certain 7:14
23:23 24:5,5
certainly 13:23
17:2
CERTIFICATE
29:6
certify 29:10
challenge 7:15
8:10 9:2 11:21
challenged 7:13
challenger 9: 5
challenging
16:7
CHAMBERS 1:9
charge 13:4,4
charged 10:6
check 24:2
chip 24:7,7
Christopher
1:15 3:19
circuit4:21 7:19
8:11
city 1:1,4,9,16
1:16 2:7,8,11
2:13,16,18,19
2:23,25 3:8,15
3:15,23,23 4:6
4:10,13,17,21
4:23 5:21 6:3
7:12,20 8:5,21
9:1,7,7 10:19
10:21 11:4,5
11:11,12,15,22
11:23,24 12:2
12:18,22 13:4
14:8 15:4
16:10 17:3,11
17:25 18:11,14
18:23 19:1,6,8
20:11,15 21:6
22:3,24 23:3
23:10,16,20
24:12,24 25:11
25:14,16,22
26:14 27:3,8
27:15,23,25
28:1,5
city's 7:13 11:11
11:16 17:19
21:6
claims 9:20
clarify 24:25
clear 6:7 8:3
27:11
clerk 3:8 6:4
clock 2:3
CLOSED 1:3
closer 23:3
Cole 4:16
collect 8:15
collection 15:7
come 15:25 17:3
18:2,18 21:15
21:21 22:21
25:12,19
comes 14:21,25
21:23
coming 15:12
19:13 22:15
commenceme...
3:3
Commission
29:19,19
communication
9:12
community 9:21
10:6 18:18
company 7:14
complete 3:11
29:12
concern 21:23
concerned
15:24
concerning 4:19
5:1
conclude 6:12
concluded 28:12
conclusion 4:6
6:4,6
confine 5:11
consensus16:7
27:1
considered 5:13
construed 5:10
consultant12:3
consultation 9:7
continue 6:15
contract8:23,24
8:24
contractual22:7
26:17,17
control12:19
21:16,16
convene27:16
conversation
18:1 23:11
25:1 28:6
conversations
10:14
correct13:22
22:13 23:19,21
25:11,14,20
corrected 23:21
corridor 16:18
cost9:24 10:8
11:11,12 13:1
13:10,16 14:11
16:21,25 19:9
19:17 22:1
VERO BEACH COURT REPORTERS
772-231-2231
23:3
costs8:13,16,17
16:21 19:15
council 1:1,9,14
1:14,15,15
3:14,14,17,17
3:19,19 4:15
14:18,19,23
15:1,3,4,20,23
15:25 16:2
18:20,24,25
19:3,18 21:18
24:15,17,21
25:6,23 28:9
council's 6:25
counsel 1:17
4:2,16
County 4: 22
29:2
couple 8:18
course 5:24
13:4 21:13
court2:15,19,21
3:2,3,7 4:4,21
6:1 7:19,23
8:11 13:20
14:3 20:6 22:1
29:18
courts 5:10
COX 1:4
culpability
23:24
current5:12
currently 4:20
11:10
Dan4:1,9,14 7:5
12:21 25:25
27:11
Daniel 1:17
DATED 29:14
day 29:14
decide 9:9
12:10,13 25:6
decides 19:18
decision 5:24
7:24 8:2 15:8
deduct 19:9
deducting 19:9
defend 11:13,21
13:3,10,20
defendant's
16:15
defense 11:11
11:12,20 13:1
13:10,15 16:21
16:25 20:1
22:19 27:3
defer 7: 5
definitely 24:14
24:15
depict7:21
details 6:21
determined 3:5
developer18:18
deviating 6:15
different 18:19
digress 8:20
direction 5:24
12:14 16:12
19:11,14,19
22,17 26:1,20
26:25 27:3,11
27:13
disadvantage
20:4
discuss 5:8,8,20
6:14,15 7:5
16:4,13,15
19:22 24:11,14
24:16
discussed 14:9
discussion 5:13
5:22 26:4
discussions
5:11
distortion 25:18
Dodd 1:13 2:3,8
2:12,14,17,22
2:24 3:1,13,22
3:25 4:3 14:17
14:25 15:2
16:6,14 17:22
19:4,7,23
20:18 21:2,4
21:10,14 22:2
22:17 23:5,15
23:19,25 24:13
24:23 25:9,12
25:15,21,25
26:13,23 27:14
27:18 28:3,7
dog 13:7
doing 7:3 20:6
dollars 20:14
22:19
DONNA 1:4
duty 21:25
E 1:16
early 23:11
Ed 1:13 3:13
effectively
17:23
effort 12:9
efforts 11:5
either 9:18 10:4
12:11 15:9
elected 7:25
26:11
ended 28:9
engineer16:19
23:6,7
engineer's
23:17
engineering
23:1
enter15:18
16:10 22:5
entered 8:22
entire 22:6
entitled 7:24
8:13 18:4,21
entity 5:7
error 7:22 23:22
especially 7:9
10:20
Esquire 1:17
essentially
13:22
estimate 4: 5
et 4:23
everybody 7:9,9
exactly 27:17
exception 5:6
5:10 6:16
exchanged 11:6
executive 3:2
13:2 19:21
26:5 28:3,8
exempt 3:10
expect 23:7
expended10:6
expense17:6
expenses9:1
13:6 21:1
expert 10:3,3
Expires 29:19
explain 18:1
expressed 4:18
fact5:14 24:1
fair14:13
faith 21:9
far 11:17
fault11:16
17:19,20 24:3
favorable 21:21
21:24
fee 17:14 22:4
feel25:13
fees 7:2 8:11,13
8:15,17 9:3,4,6
9:17 10:2
11:12,24 12:12
12:12 13:24
VERO BEACH COURT REPORTERS
772-231-2231
14:9 15:7
16:15 17:4,5
17:15,17,17
18:3 19:15
20:1,2,9,25
21:11,25 22:19
23:4 26:25
27:3,7
field 10:3
fight 10:21,23
11:2 13:8,21
20:6
figure 14:11
fled 3:8 6:3
8:15 15:7
final5:18 8:2
14:10 25:3
find 6:14 26:10
fine 15:20 16:2
26:2,13
firm 4:15 9:4
11:13 12:22
first6:9 9:14,25
11:18 12:20,21
15:21 26:24
five -acre 7:22
Florida 1:1,10
2:1 5:4,5 29:1
29:10
follow 11:7
19:18
following 10:17
10:18
forced 2 1: 15
forces21:15
foregoing 29:11
formal 5:16
forward 11:4
19:19,23 20:5
20:25 21:5,8
22:9,9 24:7,9
24:22 26:20
27:2
frankly 23:5
Fred 1:14 3:14
front22:16
fulfilled 21:8
full 4:1121:25
fully 3:7
future 22:21
24:12 27:7
getting 17:10,23
GG 29:19
give 12:14
15:13 16:11
21:22 22:18
25:4
given 19:11
go3:12 4:7 5:2
5:17,22 6:15
7:7 10:1 13:19
13:20,24 15:17
15:18 17:7
20:4 21:8 22:9
24:7,9,9,17,18
24:22 26:20
27:19
going 2:5 4:11
5:2,17,18 6:16
10:18 13:3,25
14:12 16:8
17:3,3,13
19:16,17 20:25
22:9,14 23:8
24:25 25:17
26:6 27:18,20
gonna 17:4
good 3:1 4:1,12
7:8 17:11 21:7
21:9 22:8
27:11
governmental
5:7
GRAHAM 1:4
Graves 7:1,15
7:25 8:21,24
8:25 9:8,13,24
10:20 11:3,9
11:10,23 12:1
12:3,10 13:7
13:16 15:22
16:16 19:24
20:21 22:19,22
22:25 27:4,8,9
Graves'10:14
10:25
great17:6
Greg 4:5
GREGORY 29:9
29:18
guess 12:7,10
14:19 24:6
27:16
guidance 5:18
6:25 15:13,15
22:8 25:16
guy 19:5
guys 6:17 15:8
15:13 25:19
26:21 27:14,21
H
half 24:8,17
HALLERAN 1:4
hands25:5
hash 11:6
hear 2:11,12, 24
heard 26:3
hearing 8:18,19
10:1,11 12:9
13:21,24 15:11
22:8 23:21
25:17,22 26:20
held 5:5 7:19
8:12
Helfman 4:16
help 5:23
high 9:20
Hill 1:14 3:21,21
12:20 13:11,18
14:2,5,14,22
15:22 17:1,12
18:5,9,12,15
19:10,11 20:8
20:13,16,20
21:3,5,13
22:11,14 23:23
24:1 25:24
hold 4:24 27:23
27:23,23
hope 25:4
hopefully 26:19
hour4:5,11
hourly9:19 10:5
10:5
hours 9:18 10:6
huff 10:24
hurtle 6:17
important 16:18
inaccurate
11:14
inclined 11:10
included 9:3
includes 8:17
including 3:11
incurred 8:14,18
9:2 11:25
indebted 12:22
Indian 4:21
29:2
indicate 5:3
Indicating 2:7
inform 4:7
information
4:12
informational
12:6
instance 13:2
integrity6:19
interested
10:21 11:3
invalidate 7:17
invalidated 7:23
8:11
invalidating
VERO BEACH COURT REPORTERS
772-231-2231
8:14
invalidation
11:14
invoices 12:24
Island 1:4 4:22
7:11,12,15 8:9
8:12 9:5 11:8
13:1,5,13
issue 12:7 15:11
15:16 22:7,8
issues7:16 22:4
26:24
Jim 1:14 3:21
Jones 1:14 3:14
3:14 14:18
15:25 18:24
24:21
Jr1:16 3:23
4:13
K
keep 8:3
key 24:10
kind 6:14 16:14
26:21
know7:10 13:5
15:7 16:22,22
17:9 18:7,7
19:1,4,10
20:11 22:12
23:11
L 1:17
lack 18:8
land 7:21
large 29:10
LAUGHS/ 24:20
law 3,10 4:15
5:416,14 9:4
11:13 13:22
lawsuit 6:22
7:10 13:10
lawyer 9:10,13
10:4,23
leave 10:24
legal7:5 16:16
17:21
let's 3:12 6:20
17:14
level23:23 24:5
line 19:14
listen 15:15
litigation 3:10
4:15,16 5:13
6:4,7 13:1
26:8,18
little 15:24
local9:21
locked17:21
long8:7 24:6
27:25
look 9:22,23
17:14 20:22,22
21:21
looked 9:22
looking 11:4
20:7
looks21:6
lost17:7 26:8
lot17!4 23:4
MAIN 1:10
manager 1:16
2:16,18,23
3:15,16 4:7
9:7 11:5 19:1
19:6,8 20:11
20:15 22:24
23:10,16,20
24:24 25:11,14
27:23 28:1,5
Manny 1:16 2:4
2:24 3:22,23
4:9,13 7:8,23
17:22 22:2
27:19 28:8
map7:20 11:14
12:2,4 16:19
23:6,12,18,21
24:2,4
marching 10:18
11:1
matter 6:4,12
6:12 24:1
28:12
matter's 6:22
matters 5:8
Mayor 1:13 2:3
2:8,11,12,14
2:17,22,24 3:1
3:13,21,21,22
3:25 4:3 7:4
12:18,19,20
13:11,18 14:2
14:5,14,17,22
14:25 15:2,22
16:6,14 17:1
17:12,22 18:5
18:9,12,15
19:2,4,6,7,11
19:23 20:8,13
20:16,18,20
21:2,3,4,5,10
21:13,14 22:2
22:11,14,17
23:5,15,19,23
23:25 24:1,13
24:23,24 25:9
25:12,15,21,24
25:25 26:13,23
27:14,18 28:3
28:7
MCPartlan 1:15
3:17,17 14:19
14:23 15:1,3,5
15:20,23 18:20
18:25 24:17
mean 14:14
15:2 17:1,3,5
24:1
means 8:4
22:21
meet5:7 26:9
meeting 3:4,9
4:8 5:19 12:19
26:19,22 28:9
meetings 6:10
11:4 13:6
Member 1:14,14
1:15,15 3:14
3:14,17,18,19
3:20 14:18,19
14:23 15:1,3,5
15:20,23,25
16:2 18:20,24
18:25 19:3
21:18 24:15,17
24:21 25:23
members 7:13
message 9:8
10:25
met 7:10
method 26:10
mid -thirties
13:12
middle 17:24
mind 17:8
mistake 11:22
12:2
misunderstood
18:21
money 9:24
10:8 21:22
motion 8:15,16
8:18 9:6,10,11
9:15,16,25
10:9,11 11:7
12:8 27:1
move 6:18
19:19,23 27:1
mute 2:13,14,15
2:17
muted 2:22
VERO BEACH COURT REPORTERS
772-231-2231
name 3:12 4:13
4:22 8:1
narrowly 5:10
necessarily
18:16 24:3
need 4:18,25,25
12:10,13 24:22
25:12
negotiate 19:12
20:1 21:4
22:18 24:10
25:4,10 27:4
negotiating
10:24 17:2,13
18:17 20:21
21:19 26:9
negotiation 5:1
17:8 22:20
25:19
negotiations
5:11,21 19:12
20:19 25:13
26:5,12
neighborhood
13:15
never 19:12
newspaper 7:20
no-brainer 16:3
non -defense
19:9
Notary 29:9
notes 3:7,9 6:1
29:13
number7:16
8:25 10:9 13:2
13:6 24:19
numbers 20:12
Nunn 1:15 3:19
3:19 16:2 19:3
21:18 24:15
25:23
o'clock 28:10
obligated 13:21
13:23
obligation 26:17
26:17
observation
26:3
obviously 6:8
16:3 26:22
October 8:19
29:14
offended 6:16
offer25:2,3
26:3
offered 11:13
offers 25:6
officials 26:11
Oh 20:5
okay 2:3 3:1
13:18 14:14
15:1 19:7
23:12 25:15,25
26:23 27:22
omission 23:16
once 6:11 14:9
26:7,15 27:9
ones 24:3
opinion 14:5,8
21:18
oppose12:9
order2:4,10 7:1
9:15 11:8
14:10,16 15:18
16:11,11 22:6
ordered 13:25
orders 10:19
11:1
outside 4:1,14
6:15 28:6
owed 13:13
owned 7:14
owner 8:6
P 4:24
p.m 1:7,7 28:11
paid 7:2 11:12
14:21 17:16
panel7:19
papa 4:24
paper 11:15
16:20 23:7
24:4
part6:9 15:10
15:14,21,23
16:3,12 18:3
19:21 22:1,10
22:20 23:2
25:18 26:16
27:2,6,6,10
party 8:10
pass 12:5
Paull:16 3:15
22:23 26:20
27:11
pay 9:3,25 11:9
11:20 12:11,11
13:24,25 14:20
15:9 16:24
17:4,14,21
18:16 19:16,17
19:25 20:5
21:25 22:1,4
22:11,20 23:8
27:5,6
paying 15:18,19
15:19,22 16:9
20:2 26:18
27:2,8,9
payment 27:5
Pelican 1:4 4:22
7:11,12,15 8:9
8:12 9:5 11:8
13:1,5,13
pending 4:20
5:12
people 20:5
period 6:2
permission 7:4
personal24:13
perspective
20:7
pertaining 28:1
pick 10:20,23
piece 16:17
placed 11:15
12:4
plaintiffs 26:25
plans 23:1
please 3:12
plus 24:8
point4:20 5:16
5:22,24 6:19
6:20 10:8 15:.
19:24 22:9
25:7,9
pointed 7:24
portion 19:3
position 3:13
possible 6:18
possibly 26:4
potentially
18:17 24:11
preference
10:17 24:13
prepared12:4
present2:20
3:2 4:3
presentation
7:6
press11:23
presumably
10:4
pretty 5:15
17:20
prevailing 8:10
previous 6:25
previously 5:2
primarily 9:4
11:12
prior 6:10
Private 2:9
privately 5:7
26:9
probably 13:14
VERO BEACH COURT REPORTERS
772-231-2231
23:3
proceedings
29:11
process 6:19
16:8 17:13
20:2 27:5
processes 24: 10
produced16:19
project17:6
prompt 27:16
proper 26:10
property7:14
8:4,6,6,7,8
10:22 16:17
20:9 21:9
24:12
protect6:18
provided 8:24
8:25 23:6,7,12
23:18
provides 5:6
provision 8:11
public3:10 4:7
4:7 6:6,10,13
6:24 26:19,22
29:9
published 7:20
purports 9:18
purpose5:20
purposes12:6
pursuant5:4,5
pursue14:15
15:16
put12:3 16:20
17:6 22:16
23:6,20 24:4
quarter 24:18
question 12:21
13:8 27:21
questioning
15:10
questions 12:17
14:17
quick 26:24
quickly 6:18
quite 23:5
R _
raised 7:16
range 13:12,13
rate 9:19,20
10:5,5
read 2:5,6
real IS: 16 26:23
realistically
21:16
really6:22 9:8,9
9:22 10:9,15
12:2,4,5,9,25
13:3,9,10
17:18 20:22
reason 11:13
reasonable 3:9
6:2 9:17,20
13:24 14:13
21:11 25:20
received 12:15
recommendat...
10:12
recommending
15:17
reconvene4:8
28:9
record 3:3 4:13
29:12
Records3:10
recover11:24
recovery8:16
redo 23:1
Reduce19:15
reduction 20:1
reimburse 9:1
11:10 12:12,12
reimbursement
11:24
related 5:2
released 6:9
remember
10:14
remind 5:9
reopen 27:17
report 12:16
29:11
reporter 2:15,19
2:21 3:2,3 4:4
29:18
reporter's 3:7
6:1
request9:17
10:2
requested 10: 10
14:4
requesting
13:16
resist9:10,11
9:16,25 10:1,2
10:8 27:1
resolved 6:23
22:6,6
responsibility
9:9 10:16
retain 9:11
returned 10:25
right2:8 3:1 4:3
4:8 14:2,23
15:3,10,11,16
16:6 17:4,13
17:14 20:20
24:7,23 25:15
27:14,15 28:8
River4:22 29:2
road 21:23
room 3:12 4:4
18:5,6 22:15
roughly 26:25
safe 13:11
saying 17:19
18:13,16 20:18
says11:3,20
12:1
sealed 1:6 6:3
Sebastian 1:1,1
1:4,10 2:1,8
4:23 7:12 11:4
24:12
second 4:24
12:1 15:10,14
15:23 18:3
22:10 23:17,21
25:18 26:16
27:2
secondly10:2
see 6:20 7:6
25:19
seeks 8:16 9:16
sense14:15
sent9:8
separate 22:4
separated 22:8
September 1:7
2:1,9
Serota 4:15
served 4:16
session 1:3 2:4
2:9 3:2,6 4:6,6
5:3,4,20 6:2,5
19:13,21 26:6
27:20 28:4,9
sessions 13:2
set 8:18,19
20:25
settle 19:12
26:7
settled 6:9
settlement4:19
5:1,11,21 6:5
6:11,12 7:6
26:15
settles 6:8
Shade 26:19
share 16:20,23
shots 10:15
show 21:9
sides 23:24,25
signed 21:7
VERO BEACH COURT REPORTERS
772-231-2231
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27:15
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sitting 22:15
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size 20:10
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statute 5:5 8:8
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strategy 5:1
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trying 21:9,21
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type 27:4
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19:11 20:8,13
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22:14 23:23
24:1 25:24
VERO BEACH COURT REPORTERS
772-231-2231
Video 1:16,17
violation 5:14
voluntary7:13
vote 5:16,17
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VERO BEACH COURT REPORTERS
772-231-2231