1995.03.28_TC_Minutes_Executive Session1
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Executive Session of the Town Commission of
The Town of Highland Beach, Florida
Tuesday, March 28, 1995
3614 South Ocean Boulevard
Highland Beach, Florida
3:15 - 4:30 p.m.
PRESENT:
Arlin Voress, Mayor
Bill Paul, Vice -Mayor
David Augenstein, Commissioner
Arthur Eypel, Commissioner
John F. Rand, Commissioner
Mary Ann Mariano, Town Manager
George Roberts, Esquire
Charles Schoech, Esquire
Nancy Coning, Court Reporter
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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P R O C E E D I N G S
THE MAYOR: Then I'll call to order this
executive meeting of the Town Commission of the
town of Highland Beach. Will you please call the
roll?
THE CLERK: Commissioner --
MR. ROBERTS: Special meeting.
THE MAYOR: Special meeting. We're not
calling the executive meeting, we're calling the
special meeting?
MR. ROBERTS: Special meeting. Then you go
to the executive session.
THE MAYOR: Special meeting. Will the Clerk
please call the roll?
THE CLERK: Shall I note the time of 3:15,
sir?
MR. MAYOR: Yes, please. 3:15.
THE CLERK: Commissioner Eypel?
MR. EYPEL: Here.
THE CLERK: Commissioner Rand?
MR. RAND: Here.
THE CLERK: Commissioner Augenstein?
MR. AUGENSTEIN: Here.
THE CLERK: Vice -Mayor Paul?
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. PAUL: Here.
THE CLERK: Mayor Voress?
THE MAYOR: Here.
Thank you.
(Whereupon the Clerk left the meeting room.)
MR. ROBERTS: At this time, Your Honor the
Mayor, I'd like to call for an executive session
of the Town Commission for the purpose of
discussion of the Broadview Savings and Loan
settlement.
MR. MAYOR: All right. Fine.
MR. ROBERTS: Just to comply with the
statute, relevant statute, we would note for the
record that there is a court reporter present
taking the session down; that reasonable public
notice of the session has been given; persons who
are in attendance at the session are the
commissioners whose roll names were just given,
which would be Commissioner Augenstein,
Commissioner Eypel, Commissioner Paul --
Vice-Mayor Paul, Mayor Voress, Commissioner Rand,
myself, George Roberts, as attorney for the Town,
Town Manager Mary Ann Mariano, and special
attorney consultant Charles Schoech, are present
at this meeting. It's been closed to the public
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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at this time, which is approximately 3:15 p.m.
I would again, as we have done in the past,
request that when you speak you speak one at a
time because the court reporter is taking it down,
and I think she'll be able to get your names, but
speak slowly and clearly, and I estimate that the
length of this session will be one hour, and so,
Mayor, I think that you have something to report.
THE MAYOR: Yes, I asked that this meeting be
called and I asked the town manager to do that and
she spoke with you, Rusty, and that resulted in
this town meeting.
The purpose of my asking for this meeting is
last Thursday, that's the 23rd of this month, I
got a call from Chris Yeats. Chris Yeats is
chairman of the VLO slash swat team of the RTC out
of Valley Forge, he's the strategic assets
deployment person, and is one of Jay Hambric's,
who's the director of that operation, one of his
chief lieutenants, and I believe, I know
Commissioner Rand met Chris Yeats.
MR. RAND: He met with someone else.
THE MAYOR: Maybe it was Arthur.
MR. EYPEL: Possibly. I don't know.
MR. MAYOR: Well, anyway, and he called me at
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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5
11 o'clock in the morning to tell me that Jay
Hambric was traveling this week, which would be
the past week, and was out of the office. He said
that Jay had called him to ask his opinion on the
recent Highland Beach proposal for the settlement
of the Hidden Harbor dispute, which was sent to
the RTC, in other words, our document that went to
that.
Jay had told Chris that the law group of the
RTC had looked at the document and said to him,
quote, there they go again, unquote, and indicated
that they, the law group, did not think that
further discussion with the Town would be
worthwhile.
They perhaps have the same view of our law
and our defenders that we have of theirs, for all
the right or wrong reasons.
And Jay said that he wanted to know what
Chris thought the Town wanted to do and whether
he, Chris, thought it would be worthwhile to have
further discussion with the Town in opposition to
what the law group said.
Chris said that he thought the Town wanted to
settle this lawsuit and that the proposal was one
for continued dialogue. Jay then asked Chris to
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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call me to confirm if his, Chris's, impression was
correct and he wanted to know from me if the Town
still wanted to pursue a settlement outside the
court, if what we sent up there was the Town's
final offer, if there was room for settlement, and
what was happening at the Town relative to this
issue.
I told Chris that the Town was very
interested in getting a settlement, that the Town
had held an executive meeting with the Town
elected officials, and that meeting had resulted
in a document being prepared and sent to the RTC.
I said that I believed the Commission had made a
concerted effort to cover the disputed areas
properly and I said that the dollar value proposed
by the offer sent in by the Town was different
from the values that had been previously
discussed.
Chris said to me at that point in time that
the two million dollar figure that was in our
offer was completely unacceptable and that there
was no way that Jay could discount the value of
the court judgment to arrive at such a figure.
He said he had, he was pleased that I had
confirmed his statement to Jay, that being that
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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the Town wished to arrive at a negotiated
settlement, and that he would try to get in touch
with Jay, who was traveling, to relay our
conversation.
He said that in all probability he and Jay
would like to meet with me and discuss where we
stood and asked if I would bring any lawyers with
me if we had such a meeting, and I said no, as the
discussions were of a business nature, not of a
legal nature. He agreed wholeheartedly and
commented to me that lawyers were not helpful in
such discussions.
I then got in touch with the town manager and
requested that she set up this executive meeting
with the Town Commission so that I could discuss
those developments with the Town Commission
directly.
Jay then called me that evening about 5
o'clock to say that he had called, he had talked
with Jay (sic), and that he was pleased to hear
that the Town wanted to continue discussions. He
said that he would be traveling all week and that
he would get home on Friday night. He said that
he had not had a chance to review the document but
he would do that, do so when he got back to the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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a
office.
He said then that he would like to meet with
me and discuss his view of the town proposal and
asked if I would be willing to do so. I told him
that I would report and discuss that request with
the executive meeting of the Town Commission that
we were going to have and that I would get back to
him. And that concluded my discussions with him.
The reason I wanted to bring that all to you
is to say that Jay is saying that he would like to
sit down and talk about what's going on. I
personally think that we're getting closer and
closer to a settlement with the RTC all the time.
I think that we need a session whereby when
information comes in we can all hear it directly.
I would expect, because of my relationships in the
past with the RTC, that they will call me.
I guess what I'm suggesting to the Town
Commission is that they appoint me as the point
man to talk with RTC about what's going on and
then bring that back to the Town Commission so you
hear it directly from me without through some
third party as we have done before, and I think
that way we can move rapidly ahead.
I would suggest that that can be done. There
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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is a part of our town charter that allows the Town
Commission to appoint someone to do that and I can
read that part of it if you'd like to read it in
the town charter.
And I would suggest that as these discussions
go along, that if you agree with that type of
position I would meet with Jay and the day I would
meet with him we would schedule an executive
meeting the next day so that whatever I heard from
what Jay said, I could come back and tell you
immediately what the conversations were.
I have a very real personal concern that it's
been six weeks since the hearing in Miami and it
was the 14th of --
MR. EYPEL: 14th of February.
THE MAYOR: Of February. Time is running
along. We don't know when we're going to hear
from the Eleventh Circuit Court of Appeals, could
be any time from now till a year from now. And I
think my own personal view is that we want to
settle, or that I want to see settlement in this
dispute outside the court position, and that we
ought to move rapidly to try to wind this issue up
before the court does indeed decide it.
I think the kind of a proposition I am
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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suggesting to my fellow colleagues here on the
Town Commission is that we do that and start a
more intense dialogue of back and forth. The
Commission can respond, and we can move rapidly
ahead.
So that's the purpose of this meeting, to
talk with you to tell you what has happened and
what I believe ought to be done.
MR. AUGENSTEIN: Mr. Mayor, you said they
were unhappy with the offer. Wasn't it two point
five, if I remember correct?
THE MAYOR: Yes, didn't I say two point five?
MR. AUGENSTEIN: No, you said two point.
THE MAYOR: I'm sorry, two point five. I
read it wrong.
MR. EYPEL: Were there any financial
parameters discussed in it?
THE MAYOR: There was no discussion of any
kind relative to any details, only the two point
five. And that was from Chris, it wasn't even
from Jay.
MR. AUGENSTEIN: Don't you think it would be
prudent to find out what they have in mind before
we go into these discussions?
THE MAYOR: I think it is prudent to know --
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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they want to sit and talk with me, and I'm not
going to agree to sit and talk with them unless
the Town Commission wants me to do that.
MR. AUGENSTEIN: They have not responded to
our letter?
THE MAYOR: That's correct. And they have
been advised by their legal group that it isn't
worthwhile.
MR. AUGENSTEIN: And they're not going to
respond?
THE MAYOR: I don't know whether they are or
not. Jay, who's head of the operation, said, I
would like to sit down and talk to you, are you
willing to do that? And I said, I don't know how
this Town Commission feels.
MR. RAND: I'm sorry. Go ahead.
MR. PAUL: I don't, I don't know where we got
off the track. I apparently came away with some
impressions from our last executive session that
we went and we agreed on this document that we
were going to be presented, or present to them.
THE MAYOR: Right.
MR. PAUL: And it very specifically, I
believe, said in the letter when they sent it, to
send it to their attorney.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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THE MAYOR: Absolutely, did exactly what they
told me.
MR. PAUL: Now we did that, and in my opinion
it's up to them to respond to us, the Commission,
not to you. We also left that meeting, I was
under the impression that we were to follow a
single path in the negotiations. Now I'm very
concerned that they even call you under these
circumstances because there are five people
sitting here who are to make these decisions.
THE MAYOR: You're correct.
MR. PAUL: And I think it's very remiss on
their part to try and ignore the rest of us, which
it seems to me that they are doing, and if they,
if they can tell you one thing, then put it in
writing to the rest of us. They can put in
writing whatever they want to tell us how they
feel about us. And I see that, I don't see that
we have anything to respond to at this point
because they have not responded to us directly.
THE MAYOR: Okay.
MR. RAND: I'm a little puzzled as to the
remark made by the attorneys that it was a waste
of time. They haven't given any indication as to
what in the agreement was unpalatable to them.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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Are we talking about strictly of a monetary
aspect, are we talking about any other conditions
that were included in that agreement, etc., etc.?
Now it's important, I recognize, that in a
matter of this magnitude that there be a dialogue,
okay? And it's a question of who's going to get
involved in a discussion and so forth, but I think
the question is if you wish to be considered being
appointed by us, I think it has to be clearly
understood under what grounds or conditions you
would act as such an intermediary.
I think, as you well know, Mayor, I don't
think I have to tell this to you, by no stretch of
the imagination would you be able to commit us,
and I know that's not your intention, at least I
assume it's not.
THE MAYOR: No, it was not.
MR. RAND: I think, I think, I don't see
anything wrong with asking either Jay or his
associate, Chris, what is it specifically that
they disagree with. I mean, we went to the
trouble of having an agreement prepared, we said
that we were going to start with two and a half
million dollars. We didn't close the door as far
as monetary aspects are concerned, and I think all
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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of us are prepared to go higher if we so choose to
do so.
THE MAYOR: Uh-huh.
MR. RAND: But the impression being given now
is that this whole agreement is worthless, and I
find that rather a strange remark to make. If
they came back and said, look, the agreement is
pretty much what we asked you to do and we have no
axe to grind with you as far as the legal
ramifications are concerned, but we do think that
you're a little bit on the low side as far as the
money is concerned, but they're coming back in
rather a patronizing fashion and in effect saying,
you guys are wasting our time, you really don't
want to settle.
And I don't know how in God's holy name they
can get that impression that we don't want to
settle, considering the fact that we wrote them a
letter, made the commitment to them as to what
we're prepared to consider and so forth. And at
no time did we say, you take it or leave it, we
never said any such thing, so obviously this thing
is still open for negotiation.
But I think, speaking for myself, I would
like to know with whom you're going to discuss
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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this matter, is it going to be with Jay alone or
with Chris or both of them, are you going to do
this alone, are you going to bring somebody with
you, if so, who, and is it a case of asking them,
look, what is it about the agreement that you
don't like and what is it that you would propose
to have us have the Town Commission consider? Is
this basically what the thrust is going to be?
THE MAYOR: Yes, I think, I think whether we
like it or not, the legal end of the RTC, and I've
been dealing with them for a year and a half to
two years, are not, they have just as much
animosity toward us as we have between some of
their lawyers. I don't think there's any doubt
about that. And, you know, that's just a fact of
life. And they believe that we have no real
intent of trying to work through a relationship
that will solve this issue, that we'll just keep
on and on. They even go back to the days before
the trial, that we were the ones who blew it, and
we don't agree with that, but they say that's
true.
MR. RAND: You mean as far as the settlement
proceedings out of court, that we blew it?
THE MAYOR: Yes.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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I
MR. RAND: How can they possibly make a
remark like that? We had five sets of --
THE MAYOR: I can't explain their remarks, I
have to tell you that, but I'm telling you that
there is no love lost between the, the legal end,
the law end of the RTC and their view of the Town
of Highland Beach. I just have to tell you that's
their fact. I've had that played to me too many
times.
What Jay is saying is that that's what the
law group advised him to do, for all the right or
wrong reasons. I don't think he has dealt in any
degree -- he said he had not had a chance to go
through this document in any detail, I told you
that, and that he wanted to sit down and talk to
me.
MR. RAND: Where would you meet him?
THE MAYOR: Any place he wants to meet.
MR. RAND: In other words, would it be up in
Valley Forge?
THE MAYOR: Valley Forge or whatever.
MR. RAND: Or down here?
THE MAYOR: Wherever.
MR. RAND: Would he come here?
THE MAYOR: He won't want to come and meet
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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the Town Commission. I've asked him several times
to meet with the Town Commission. He said, I'm
not going to do that.
MR. RAND: Why --
MR. EYPEL: Hold on a second. I'm sorry.
May I ask a question --
MR. RAND: Yes.
MR. EYPEL: -- that goes right to that?
There's something basically wrong here in my
opinion. First of all, we submitted in good faith
a document prepared by our counsel in the form of
a proposed settlement. That's what it was, a
proposed settlement agreement.
THE MAYOR: Uh-huh.
MR. EYPEL: And now we're sitting in
executive session, and I don't disagree, Arlin,
with any of your basic premises, I don't, but we
must settle this issue. It, there is no argument
that we need to settle it. But I am appalled that
we would not even get a written response, and for
the man to tell us that he hadn't even read it,
I'm personally insulted. Now that doesn't matter.
I can --
THE MAYOR: Can be. I am merely reporting to
you the telephone conversation.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
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MR. EYPEL: I mean, you know, this is
absolutely -- first of all, I've never met any of
these people. I might have said hello to
what's -his -face down in the courtroom once in my
life. The rest of these characters and monkeys
I've never met in my life, never, any of them, so
they don't have anything against me, believe me.
But I firmly believe, Mayor, that if the dialogue
is to be continued, that some rules of a mediated
or a settlement -- we're not operating under any
rules here, we're not operating under any rules.
THE MAYOR: I'm not asking to go, I'm merely
responding to his question, does he want to meet
with me. If the Commission doesn't want me to
meet with him, that's fine with me, I have no
problem with that.
MR. AUGENSTEIN: Let's just project the
scenario a little further down the road. They're
saying that this offer we made them is completely
inadequate, but yet they have not come back --
THE MAYOR: They only said that, Chris Yeats
said to me, just to make that straight, that the
two point five million dollars, he said, quote,
that the two point five million dollars is
completely unacceptable and there was no way Jay
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
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could discount the value of the judgment to arrive
at such a figure. That's the only input I have.
MR. AUGENSTEIN: Well, there is no judgment
at the moment. However --
MR. EYPEL: There is a judgment.
MR. AUGENSTEIN: Well, hasn't been --
MR. EYPEL: Vacated.
MR. AUGENSTEIN: Let us go a little further.
They have not come back with any offer of theirs?
THE MAYOR: Not to my knowledge.
MR. AUGENSTEIN: I think we have one coming
to us.
MR. RAND: Can I ask a question? Let's
assume we agree to let you meet with them as sort
of a listener, listening intermediary.
THE MAYOR: Right.
MR. RAND: Can you establish a condition with
Jay or with Chris or both of them that if such a
meeting takes place that you expect them to come
back to you to pass on to us what figure they have
arrived at? Because I assume that the only point
of issue here is the monetary aspect, is that
correct? Is that your impression?
THE MAYOR: I --
MR. RAND: Or is there something else in the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
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agreement?
THE MAYOR: I don't know any detail at all.
I think they have an obligation to come back to
this Town to say what they view about the total
document.
MR. RAND: But this is what I'm asking you.
If you're going to meet with them I think you
ought to first clear with them, are you prepared --
if I meet with you and the Town Commission lets me
act in that capacity, are you prepared to tell me
what you want us to consider to finalize this?
THE MAYOR: Absolutely. It wouldn't be any
use to me other than that.
MR. RAND: But has Jay said this to you, has
Chris said this to you, if we meet we're going to
tell you what we object to and what we would like
to counterpropose? Are they going to do that, or
are they going to throw it back in our laps and
say, you got to come up with a better figure, and
then let it to our imagination as to what the hell
is a reasonable amount?
THE MAYOR: The only thing I can say to you
is if the Town Commission wants me to do that,
they can put whatever constraints on that, my
meeting with them, they choose to.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. RAND: Well, okay --
THE MAYOR: I'll be very glad to meet with
you, but you must give us a piece of paper that I
can take back to the Town Commission, and I can
expand on any point you want me to expand on,
that's what you view about the documents.
You know, I have no idea what they're going
to say. I'm merely responding to the fact they
know somebody in town and they want to talk to
them, and if you don't, the Town Commission
doesn't want, I don't care, I won't talk to them.
MR. EYPEL: Go ahead.
MR. AUGENSTEIN: Before we go further, one
more, can we have counsel's opinion on what's
going on, Rusty?
MR. ROBERTS: Sure.
MR. AUGENSTEIN: Please.
MR. ROBERTS: You mean as to what their
response, what I view their response by calling
Arlin is?
MR. AUGENSTEIN: Yes.
MR. ROBERTS: I think that they have called
Arlin because they have met with Arlin before and
talked to him, but I think that it's also a part
of, when they make statements to him like "the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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lawyers say no but I say yes," it's kind of like
similar to what you see on Law and Order on
Thursday nights, there it's the good guy/bad guy
detective routine where the good guy comes in,
says I'll help you out because this guy's going to
beat you up.
My impression from the limited exposure I've
had to RTC is that Mr. Hambric has the authority
to settle this case. I have been told --
THE MAYOR: He does.
MR. REYNOLDS: -- I have been told all along
that he has fifty million dollars in authority to
settle anything and that, and I specifically asked
him that question at the meeting that Arlin, Mary
Ann and I had, and I told him, much to the chagrin
possibly of people, that, you know, this, these
five men up here are the ones that have the
authority to settle. You, on the other hand, can
sit there and have your authority, and you turned
to me and said, yes, I do, but I'll have to
consult with my legal counsel.
Well, in all the years I've been in practice
and I've been a lawyer representing people, I get
hired by people to do something, I give them my
advice, but they're the ones that decide it. If
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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they don't like my advice they fire me, okay?
I've been told on several occasions, you know, I
pay you for your advice, if I don't like it, I
don't take it, or if I really don't like it I get
me a new lawyer. Okay? And I don't see where RTC
is in any different posture.
If Judith Thompson up there says, this is,
you know, she doesn't have a comfort level is what
she said at the Sheraton, and I can't stand this
and that, I just kind of ignore that, quite
frankly, because if I am sitting in Jay Hambric's
shoes, you tell me what this does to me and I'll
decide whether I want to do it or not. You're not
the guy that's sort of the person -- or the woman --
that's sitting there.
And much the thing that I see in the scenario
here, too, I don't think that throughout the
course of this litigation from the time I became
first involved in 1988 up until the present date I
have told any city commissioner what to do. Okay?
And it is the past history, which you probably are
not involved with, we had meetings in 188, I'm
sorry, 189 and 191 and we had a mediation in 189
and it was my recommendation at that time to
settle the case. Okay? And we had it, but there
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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were a couple of commissioners who are not here
today, didn't want to settle, and it was those
commissioners that didn't want to settle, and
that's fine, they're entitled to do what they want
to do, but it wasn't because I told them not to
settle.
Back in 191 I told them that we ought to
settle, too, but I didn't think that the terms
that were being proposed you really ought to
settle on, and when they came back again this year
I again said that, no, I think that's a disaster.
Now if you people want to face this disaster,
go right ahead. And I'm not telling you how to,
I'm just here to tell you what I view of it and
you make the decision. Likewise, I think in this
situation we have submitted them a proposal. I
think that everybody knew before it even went out
that it was not something that they were going to
automatically sign on the dotted line and come
back. I mean, I don't think anybody thought that,
and thus I don't think it's unexpected for them to
come back --
I feel that they should come back, if they
are serious about negotiations, to come back with
a response for both aspects of it. And with all
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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due deference to you, Mayor, I don't think it
serves much purpose for them to meet with you and
then have you come back and tell us, just the same
as it wouldn't do any good for them to meet with
me and come back and tell you all, too. I think
if they're serious about, they are serious about
negotiating, that they ought to come down and sit
right here in one of these sessions.
MR. EYPEL: Absolutely. Is the --
MR. ROBERTS: And you said Jay doesn't want
to meet with the Town Commission. Well, I think
Jay is going to have to get over that.
THE MAYOR: Okay.
MR. ROBERTS: You know, I don't want to go to
Valley Forge either, but if somebody says that's
best for the Town, I'll go. Okay? And I think
that to me the most direct way to negotiate is to
tell him to come down, bring whoever he wants,
bring all ten people that he brought to the
hearing, you know, his cadre of lawyers, bring
them all.
Have all the high-priced talent and advice
that he wants, and come down here and we'll have a
special meeting and he can talk and then I'll call
an executive session and we can talk, and we can
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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r
bring them back in and we can talk, back and
forth, and when we're through we can at that very
meeting, without going through any intermediaries,
settle it, right then and there.
So that would be my suggestion to Mr. Hambric
and Mr. Yeats and whoever calls you, to say
listen, we're serious about settling, and if you
want to do it expeditiously and you're serious
about settling, give us your counteroffer and then
come down and meet.
THE MAYOR: Okay.
MR. PAUL: I would be opposed to him, any one
person meeting on a one-to-one basis, whether it
be you, Mayor, me, or anybody else in the way they
are treating us.
Let's look -- looking back, you went to
Valley Forge, and up to that point I at least was
under the impression that the RTC was very tired
of these high legal bills from an attorney in Palm
Beach. And so they were cutting all this out and
you were going to deal with this person, RTC, who
I was under the impression could say yes or no
right there without having to go to anybody. You
went up and met with him, and all at once we're
faced with this horrible document signed by John
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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L. Dotterrer who I had been led to believe for
months was out of it.
THE MAYOR: We were so told.
MR. PAUL: And so, you know, they, if they're
worried about us, talk about being
THE MAYOR: I'm not doing that --
MR. ROBERTS: One at a time.
MR. PAUL: Then you had another meeting where
they came down here and there were more people
present. And so I just, I can't see the point of
anybody, any one person meeting with them. At
this point I would be opposed to doing anything
until they respond, even if they tell us to go to
hell in a letter, give us something to work with.
If they -- I'm embarrassed, I'm embarrassed,
I'm perturbed. What, are we so frightening to
them that they won't come down and sit there and
look at us?
MR. AUGENSTEIN: I think we're missing
something here, too. The money is one matter.
But if you recall, the stipulations in their
agreement were unacceptable to us. We're the ones
who turned down those stipulations, or the
responsibility of the Commission and the Town and
other nonessential items in there.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. RAND: We changed the agreement basically
to conform with their wishes, aside from the
monetary aspects. We changed the agreement and
gave them everything they wanted, including the
certification by Mrs. Mariano to help them as far
as getting relief from the tax assessed evaluation
basis with the County Appraiser's office, other
conditions that they felt were onerous or too
vague. We have bowed to them at every single
respect, so I think as I have indicated earlier,
I'm rather amazed that they would come back and
say that the document is worthless and it's an
indication that they're not interested in
settling.
I think that is an absurd statement to make.
If they came back and said, look, everything else
is fine in the agreement, the terms and conditions
you have indicated are fine, we do feel, however,
that the monetary figure that you've indicated is
less than palatable to us, and you think, we think
you have to do better, we would think more in
terms of so much or something like that. Okay?
But to come back and say in effect, you guys have
just exercised a, gone through an exercise in
futility, is insulting, it really is insulting,
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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and I frankly don't see --
I have no objection to your talking with
them, Mayor, that's not the issue at all. I think
there has to be a dialogue, but I think at this
point in time there's no reason, no rational
explanation that I can see where they would
refuse, either Chris, Jay, or whoever else they
want, to come in and meet with us in an executive
session here and tell us what they object to and
what they are thinking of in terms of a settlement
and then we can have a meeting and decide whether
or not we're prepared to accept or even modify
that proposal and say, make plans to stay here for
two days and if we come to a meeting of the minds
we're prepared to sign the agreement right then
and there.
THE MAYOR: Let me --
MR. RAND: What's wrong with that?
THE MAYOR: Well, let me give you a
discussion first. You know, Jay didn't say the
document was unacceptable. One division -- the
RTC, I keep telling you, has two divisions, a
business division and a law division. This is the
responsibility of the business division, and they
do not speak for the RTC.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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The law division is the one that told Jay
that. He asked Chris Yeats what was going on
because the law division has recommended to him
they don't do anything more with us. They do not
agree with that. They want to talk with us, so
trying to defend why the RTC does whatever they do
is not the business end who has the ultimate
responsibility and authority to make the decision.
All he is saying is he wants to talk. If you
want me to say to him, well, we'd really like you
to get a document together and come down and talk
to the whole Commission, I have no problem with
that. Merely asked me if I want to do this. I
said I will let you know if that desire of yours
is acceptable to the Commission or not. And
that's merely the purpose of this meeting. I'm
not trying to defend what they're doing.
MS. MARIANO: Let me say that I think the RTC
is very well aware of how local government works
because Rusty told them that in our meeting at the
Sheraton. They're very well aware that there are
five people who have to make a decision.
I think, I'm appalled at the statement that
they don't want to come before the entire Town
Commission. Well, I mean, I think not facing the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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public is what's going to get them hung at the end
anyway, but, as we all heard, but I think an
invitation should be extended to them to come down
and meet with the entire Commission.
I think if Mr. Hambric or Mr. Yeats refuses
to do that, I have personally gotten an
appointment with somebody over Jay's head before
and I'm sure we can do it again. I think then
it's time to immediately get Clay Shaw and Connie
Mack involved. If we call them and say there is
something on the table, the clock is ticking, they
are refusing to talk to us, I think our senators
and our congressmen would not like that very much,
because they are very involved in what's
happening. I have continued dialogue with them
and I know at least the congressman has been given
clearance from the Ethics Commission to get
further involved in this subject, and if they come
back and say they don't want to talk to us I think
they can be made to talk to us somehow.
THE MAYOR: They haven't said they don't want
to talk to us at all, they merely have suggested
that they wanted to talk to me. I merely tell you
that.
MS. MARIANO: I'm sorry, Mayor, I must have
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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misunderstood, because earlier you said that they
would not come to talk to the whole Commission
because that's --
THE MAYOR: I said before, I have spoken to
Jay about coming down to address the Commission
and he has said, I don't want to do that.
MR. EYPEL: If I may for just a moment, I'd
like to move -- I think one of the problems that
we've had in the way we approach this situation is
for some unknown reason we allow our
personalities, we allow our emotions to get
involved here, and I'm going to be real candid
with you, because I think it's time to get very
candid here.
This issue is of great importance to the
people of this town. It has to do with, I was
joking today, but when I said the, if we agree and --
I think what has happened is the RTC, when they
came to you with their proposal of five and a half
million dollars and the document that was
generated, that could very well have been their
best offer that they were prepared to make
forever. That might have been it right there.
Bottom line. Okay? And they felt because they
were dealing with you directly there that that was
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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the road that, the channel through which they
wanted to steer their ship and that's where they
wanted to be. I have no problem with that.
I'm concerned that, I'm concerned that when
we talk, when they talk about they can't settle
for less than or when they say two million is
ridiculous as opposed to the judgment of seventeen
million --
THE MAYOR: Two point five.
MR. EYPEL: Two point five, excuse me, I find
that totally absurd, because when you look at the
RTC's total scheme, the one or two million dollars
quite frankly means nothing to them. It's a drop
in the pail, and yet to us it's an enormous amount
of money. One million dollars represents our
entire new library facility down here, two million
dollars represents the library and the fire
station, and three million dollars represents our
entire future government complex probably, if I'm
not mistaken, or it was somewhere in that
neighborhood.
So it has, it's a tremendous amount of money
to us three thousand people who are going to pay
it, and it is nothing more than a drop in their
bucket as far as the RTC is concerned, so I have a
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
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problem with that.
But forgetting personalities, forgetting
emotions, I for one, I'm only interested in moving
towards a settlement. I don't care if the man in
the moon negotiates the settlement, if we can get
there. But I do feel for your protection, and I'm
speaking personally here, of your integrity,
Arlin, and your position in this town, I think
that we should ask them if they would concede or
give us the opportunity to meet with them so that
we can all share the heat, Arlin. I think we
should all be there at the same time, and if we
are going to, if the ship's going down, Arlin,
let's all have one hand on the wheel instead of,
instead of you being the person who assumes the,
you know, that's how I feel. I mean, I think we
all ought to have one hand on the wheel.
MR. RAND: I think the message should be
conveyed so as not to give the impression that
we're not supporting you in this respect. I think
it should be done on the basis of the Commission
wants to assure you once and for all that it is
prepared to negotiate in good faith, we thought
that we had made that impression by virtue of the
counterproposal that we made to you, there still
MUDRICK, WITT, LEVY & CON5OR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
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seems to be an element of doubt on your part or on
the part of some of your colleagues that we're not
prepared to settle, which is an absurd statement,
and in order to prove to you once and for all, we
would cordially invite you to come before us in an
executive session, not a public meeting, so you're
not going to meet with the public, you're going to
meet strictly with the Town Commission and the
town manager and the attorney, and have each
commissioner confirm to you that we are prepared
to settle this in good faith, on a mutually
acceptable basis.
What objection could you possibly have in not
accepting such an invitation? Come here, let's
talk it out. How do you negotiate unless you talk
it out? So if you have any disagreement with
anything that we propose, speak up and we'll
consider it and then maybe we can put this thing
to bed once and for all and not let it drag out as
it has now for several years. We want to confirm
once and for all that we're prepared to settle,
and to prove it, come before the Commission and
you will hear each of us confirm to you that that
is our sincere desire. How could they possibly
object to that?
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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THE MAYOR: I can't answer the question, I
don't know.
MR. RAND: And I don't want to convey the
impression that we refused to let you meet with
them, because that's not the case at all. I think
if that would result in a settlement, I'd be the
first one to make the motion to agree to that.
But I think there is a sentiment here to indicate
that their actions have not been that sincere and
we have made a bona fide offer to them and I think
it's in their court, so to speak, to come forward
and show their good faith.
We've shown our good faith. We're willing to
reaffirm that sincerity by having them appear
before us and have each of us, if they'd like us
to do it individually, to confirm to them, yes, we
want to settle, tell us what we have to do in
order to reach such and such agreement. What the
hell is wrong with that approach?
THE MAYOR: I have no problem with that. I
can tell them, I promised Jay I would call him
after this meeting and respond to his request.
MR. RAND: Okay.
THE MAYOR: I have no problem with that.
MR. RAND: But I don't want you to say that
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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we refused to let you talk with them because I
don't think that that's the message that I would
like to convey.
MR. AUGENSTEIN: We are still hanging onto
the monetary amount. There are other aspects of
the settlement which are unacceptable, and they
have never been changed on their part.
MR. RAND: Well, they haven't said anything
about that.
THE MAYOR: Well, no, what we've sent, Dave,
excuse me, what we've sent -- we've said to them
we agree with, we have said all of those things we
sent to them we would agree if they want to sign
it and it would be a done deal.
MR. AUGENSTEIN: Yes, but they didn't tell us
which part was unacceptable.
MR. RAND: No, they haven't.
THE MAYOR: No, no, no.
MR. RAND: That's the whole point, they
haven't said anything.
MR. PAUL: That's why we need a written
response from them, period, in other words, in my
opinion.
MR. AUGENSTEIN: Listing what is
unacceptable.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MI.
MR. RAND: Well, Bill, I don't know that we
have to have a written response. Maybe if they
refuse to come down and talk with us then say,
give us a written letter indicating what you
object to and what your counteroffer is. But I
would first want to invite them to come down
before us, choose a date and meet with us and have
us have it out, so to speak, and have us do what I
just indicated. And if he refuses to do that,
then I think it should be a case, well, then
please send us a letter and answer our proposal
and tell us what you agree to and disagree with.
MR. PAUL: Well, if we're at the same point,
they're going to read the response verbally or in
writing, so we're on the same point there.
MR. RAND: Right, right.
MR. PAUL: But I don't see how we can take
any action, anybody can meet with them, until they
do one or the other.
MR. EYPEL: You know, I liken this, I really
think that if you followed the baseball strike at
all, you know, that's a classic example of two
sides trying to settle a disagreement. Can you
imagine if the baseball owners refused to meet
with the players or vice versa? You know, there
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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would be no negotiations at all.
I just feel that the basic rules of
negotiating, we have to have the basic
understanding of how it's going to be handled.
I'm not asking for anything more than that. I,
you know, I just feel that, that you, Arlin, and
again, if they come back and say, no way, we just
want to talk with Arlin Voress, you know, what's,
then what does that mean? Does that mean that
you're going to meet in a room with fifteen
attorneys and Jay Hambric and another guy and
who's going to be in the room and how is it, what
are the rules? What are the groundrules to that?
MR. AUGENSTEIN: Good point.
THE MAYOR: Can't answer any of these
questions, merely responding to what --
MR. AUGENSTEIN: He made a good point.
MR. PAUL: Yes, because I was under the
impression at the end of the last executive
session we had agreed that we were past the point
of an intermediary or somebody who was going to go
back and forth like they're wanting to do again.
So I think we need a response.
THE MAYOR: I have no problem with that.
MR. PAUL: A response one way or another.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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THE MAYOR: I'll make that point to them very
clearly.
MS. MARIANO: I think if they come down and
verbalize something, only because of their
history, I think we should let them sit here until
something gets typed up and everybody signs it,
because their history has proven that anything
that has been said verbally has never been
memorialized in writing. Once we got the
document, once we got a letter back, it never
quite looked like what was discussed verbally, so
I think that something that needs to be signed off
on mutually, yes, this is what we said verbally,
yes, this is what you said, everybody agrees to
that.
MR. RAND: That's why I suggested that they
be willing to stay here for a couple of days, in
other words, meet for two or three days, as long
as it takes in order to hammer out an agreement,
as long as we reach mutually acceptable terms, and
the only way you're going to do that, instead of
doing it by mail, telephone or whatever, is come
down, spend two or three days with us, and see if
we can't settle this, and if you are prepared to
accept conditions that are mutually acceptable we
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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want to sign the agreement right then and there.
MS. MARIANO: I don't think there's anything --
Rusty can check this -- I don't think there's
anything that would prohibit you from, if they
came down, from holding a session or a meeting and
then you recess it or, you know, you do it once,
you can recess it to the next day at 3 o'clock to
give you time to do the paperwork. If that's not
good, recess it to the next day at 10 o'clock, and
just continue a meeting. I don't think it would
be a problem in noticing or anything. I think you
can just --
MR. RAND: Now do you have to give public
notice to have such executive session, Rusty?
MR. ROBERTS: Yes.
MR. RAND: Is that three days' notice or one
day's notice? How much notice do you have to give
to the public?
MS. MARIANO: We give -- normal public notice
is as long as you have it posted 24 hours, at
least 24 hours in advance.
MR. RAND: Okay.
MR. EYPEL: Arlin, I'd be interested if you
gave us your analysis of what it was they said to
you. How do you personally feel about, about the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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process or the way this is developing?
THE MAYOR: I personally think we're very
close to settling.
MR. EYPEL: Okay.
THE MAYOR: I think they have a, just that
Jay has a discomfort level, with what specific,
with the agreement, and we can tell him that's the
only way this --
MR. EYPEL: Is he afraid of us? What in the
world --
THE MAYOR: You have to recognize the
personalities of people involved.
MR. EYPEL: See, I don't know him.
THE MAYOR: And --
MR. RAND: We don't intend to embarrass him
or anything like that. We're interested in
meeting with him.
THE MAYOR: I have no problem with that. I'm
merely telling you what my impression is of what's
going on. You can either agree or disagree.
MR. EYPEL: By the way, Rusty, does our
executive session have to be held here or can it
be held anywhere?
MR. ROBERTS: I think it would be best held
here.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. EYPEL: Yes, I mean, maybe he finds that
intimidating, on our turf. I don't know.
MR. AUGENSTEIN: You can explain to him that
no one else is present but us --
MR. ROBERTS: Yes, on your executive session,
you have to notice the special meeting or regular
meeting and, so the public is here, and then go
into executive session. So it would have to be
here, it would have to be a duly noticed public
meeting. And my suggestion to them is that, and
you could, I think, do this either way, you could
have them speak at public meeting or you could
invite them to the executive session, but I would
think that once you discussed what you wanted, I
mean, they could leave, you could ask them to
leave, and then you can all talk in your session.
I mean, the statute just says you can have these
meetings and it says all persons speaking, it
doesn't say necessarily that it couldn't be
someone else besides or someone on your side.
And I think that if you're close, that's what
is -- and my comments earlier are to expedite
things, not to drag things out, and I think in
dealing in settlements how you expedite things is
you get advice, you get a response. What is the
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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sense of them coming down and talking if in fact
they're going to come down here and say, I want
five and a half million and my agreement and
that's it. Okay? If that's their position, then
tell us that position and we can decide what to
do. Why spend the time, trouble, and like that?
If they have a different view, if there are
parts of the agreement that you don't like or, for
some reason, or you need something else for
comfort level, as we all discussed at the previous
meeting, there are things that you didn't like in
there, all the whereases and da -da -da -da -da -da, I
told you that, one, they need that for their
comfort, two, it doesn't mean a hill of beans to
us, so give it to them, okay?
And that's the sort of issues I think that if
they respond, you could iron out, and then if it's
just the monetary amount, then come down and meet
and discuss it, or if there's some critical issue
that you need, you know, we definitely need or
maybe we can talk about that, we can iron it out,
but I really think that if they're serious about
negotiations, that they ought to respond in
writing as to what their points of disagreement
are, they send us an agreement, we send them back
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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obviously a different agreement, and they can look
at the two and see where the changes are very
easily, and send it back to us, and that just
makes it for, you don't have to spend two or three
days, if you can get those things in advance, and
it's really just a matter of discussions.
That's why I sent you all the agreement in
advance so you could look at it, come and have
comments and then we can meet, and that's what
makes meetings quicker. And that's what I feel
like.
I mean, as far as double, triple, quadruple
discount of judgments, I mean, that again is just
negotiating talk to me because it, you know, that
may be some justification, but I've often written
letters of justification for settlement just
because somebody wanted it in their file, but it
really comes down to, and this is what we
discussed at the meeting at the Hilton, I said to
them, listen, if you want me to, you want this
town to sign some agreement saying I'm paying your
offer, that's not a settlement. I mean, that's
capitulation, and it doesn't seem to me to be in
your best interest just to capitulate. If you
want to do that, do that a year and a half ago.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. MAYOR: Let me finish my discussion. My
frustration is the same as yours. I think they
ought to give us a piece of paper saying what they
like and what they don't like. That's, you know,
I don't even know what they're thinking, I don't
have any idea what they're thinking, I told you,
and I think that's what they ought to give us,
that's the first thing they ought to do -- I don't
have that piece of paper -- is to talk to them,
and I think it's appropriate to ask Jay to do
that. What does he want to meet for, to do what?
I don't know the answer to those questions.
But, you know, I'm obligated to respond to him
about his request to me. I'm also obligated to
this Commission to ask what they want to do.
That's what I'm saying. I don't agree with
everything they do, far from it. I think we ought
to have a response, we ought to know where we're
close and where we're not close. My personal view
is we're very close, but that's mine, it's not
held by anybody else that I'm aware of, because I
haven't had any discussions with anybody.
MR. EYPEL: Couldn't they, I mean, when you
think about this, Arlin, if we're close, couldn't
the RTC simply respond with a document and say,
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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this is our final offer, take it, leave it, you
know, whatever? Couldn't they come back to us and
say, gentlemen, this is what we want?
THE MAYOR: I think it's very, very
reasonable to say, for you to ask me to say, hey,
Jay, send us a piece of paper telling us what the
hell you think.
MR. EYPEL: Yes.
THE MAYOR: All you're telling me is what the
lawyers think. I don't care what the lawyers
think. You're the one that makes the decision,
you ought to say
MR. EYPEL: Exactly.
THE MAYOR: I don't know what he thinks. He
told me he hadn't even seen everything. I read
you exactly what he told me, because I made a file
memo of exactly what he said to me, but I have the
obligation to him, I have the obligation to us as
a Commission, to say this is what the request was.
MR. AUGENSTEIN: He just mentioned to you
that the amount is inadequate?
THE MAYOR: He did not, Chris did.
MR. AUGENSTEIN: Oh, Chris Yeats did, but he
did say the amount is inadequate?
THE MAYOR: Chris said, quote, there is no
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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W-.
way that Jay can discount the current judgment
somewhere between eighteen and twenty million
dollars, which is what we're obligated for by the
courts, down to two and a half million dollars.
MR. RAND: He used the same argument in
discounting it five million dollars.
THE MAYOR: I know that, I'm merely telling
you what he said.
MR. PAUL: We've got some other things we're
giving them that have real value. I mean real
value. We're giving them more than they ever had.
THE MAYOR: That's an argument about what the
money is. I'm merely telling you what he said.
MR. EYPEL: Yes.
THE MAYOR: I don't know the answers to those
questions.
MR. AUGENSTEIN: How happy would he be if we
withdrew some of the goodies which we gave him?
MR. RAND: We don't want to do that.
THE MAYOR: I don't know anything --
MR. AUGENSTEIN: I'm not saying that we're
going to do it --
THE MAYOR: What I'm saying is, I don't know
how they feel about the document. I'm as much in
the dark as the rest of us.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. AUGENSTEIN: Well, I think we deserve to
know.
MR. PAUL: Yeah, we need a response, either,
as John said, face or face, or a letter, period.
There should be no discussions --
MR. RAND: If they feel more comfortable
meeting with us personally or verbally rather than
putting it in writing, so be it, let's do it that
way.
MR. PAUL: I didn't --
MR. RAND: I think they would maybe feel
uncomfortable if they spoke in a public meeting.
THE MAYOR: Yes, they would.
MR. RAND: I think it has to be an executive
session.
MR. ROBERTS: It's up to you. I said you
could do it either way. You'd have to start it
with a public meeting.
MS. MARIANO: I agree with you.
MR. PAUL: Just like today.
MR. RAND: But I again want to stress, Arlin,
please, under no circumstances should you convey
the impression that we don't want you to talk to
them. That's not what we're saying here. We're
saying that we would prefer that they tell us what
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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they object to either verbally or we cordially
invite them --
THE MAYOR: I'm as frustrated as you are.
MR. RAND: So you are in effect responding to
them in accordance with our request.
THE MAYOR: Okay.
MR. PAUL: From a legal standpoint, is this
acceptable?
MR. ROBERTS: What, what? What is
acceptable? What is acceptable?
MR. RAND: To use this approach.
MR. ROBERTS: Yeah. I don't know that
there's any legal ramifications on how you proceed
to settlement other than, you know, as contained
in the statute relative to having an executive
session and the fact of your own charter that
requires this board -- it's not settled by one
person. I don't have any problem with suggesting
the communication should be made to them that you
ought to respond in writing, and if you don't
respond in writing then come down and meet with
the board in an executive session.
MR. RAND: I think that's fair.
MR. AUGENSTEIN: Absolutely.
MR. RAND: And again, I think the message
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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should be conveyed to once and for all learn
firsthand that we are sincerely interested in
settling this matter, because you seem to give the
impression based on input from the legal
department or whoever else you are working with
that we're not interested in settling and we want
to reassure you that that is not the sentiment
amongst these commissioners. We want to settle
and we're willing to confirm that to you face to
face and get rid of this thought that we're not
prepared to settle. That's a lot of hooey.
MR. ROBERTS: I would just add that, John, as
a practical sense that your desires, etc., I don't
know that you want to put the communication to
them that we're going to settle, because generally --
MR. RAND: That we are willing to settle, on
mutually acceptable terms.
MR. ROBERTS: Right, we're willing to
negotiate it, however you want to do it.
MR. RAND: A mutually acceptable, that's what
a good negotiation is, a good negotiation is one
where both sides are happy with it.
MR. AUGENSTEIN: No, where both sides are
unhappy.
MR. RAND: Are unhappy, right. I feel --
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. EYPEL: I just want to say one last, I
have a feeling, Arlin, that apparently they are
under the impression that when they met with you
the last time or when you came back with their
outline of requirements to settle, is it your
impression that that in fact was what they
considered to be their best effort? I mean, was
that your impression of their stand?
THE MAYOR: I think my impression was it was
something they could live with.
MR. EYPEL: Something they could live with?
THE MAYOR: Yes.
MR. EYPEL: Okay. See, I wasn't there and --
THE MAYOR: Well, it's something they could
live with as a basis of a proposal to the Town
Commission. That's all it was.
MR. EYPEL: Okay.
THE MAYOR: It wasn't a commitment or
anything, that, no, I can't commit --
MR. EYPEL: Okay.
THE MAYOR: But it was merely saying that in
light of the en banc hearing, the upcoming en banc
hearing, and that the chances are higher they
would not achieve the court -awarded judgment, they
had to discount the value of that, they couldn't
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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sell it on, for what the face value was because of
the chance it could not be realized. They had
offered that, you know, a year or two before they
offered to sell us the judgment.
MR. EYPEL: Is there any indication of what's
happening on the 30th? Wasn't that the, March the
30th, the day that they were to hold a public
auction for that property?
THE MAYOR: That --
MR. EYPEL: Was that postponed?
THE MAYOR: They were trying to get all the
things together so they could, well, but they
haven't got any commitment from the Town, what
they agreed upon density. So they can't do that.
So that's all by the board. That was their
schedule, not the Town --
MR. RAND: If it was sold at auction we would
certainly be notified.
THE MAYOR: Well, they can't do that, because
they have no ability to say what's an acceptable
density.
MR. EYPEL: I just think the most important
message, Arlin, since you are, we are in a very
fragile situation here right now because we have
one side that has become accustomed to dealing
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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with you --
THE MAYOR: Sure.
MR. EYPEL: -- and that appears to be the
direction they would like to go, so, you know,
this is a very fragile situation and I --
THE MAYOR: Well, that was the Town
Commission's desire, as you recall.
MR. EYPEL: Yes.
MR. PAUL: Oh, I got to differ there. I
don't recall ever giving authority to any one
person to deal with the RTC.
THE MAYOR: No, to negotiate with them.
MR. PAUL: To negotiate with --
THE MAYOR: The town manager and I did that.
I think that's a matter of record, Bill.
MR. PAUL: If I remember the comment
correctly, we gave -- you asked or the town
manager asked us to authorize her use of you to
aid in the negotiation. I don't recall that you
personally were ever appointed by us to represent
us as our, quote, the negotiator.
THE MAYOR: When you're trying, when you're
trying to find a settlement, Bill, there's a
question of how many people are involved in that.
I certainly wouldn't have gone up there if you all
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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weren't interested in it and spent all the hours I
spent working with it, you know.
MR. RAND: I think that's a moot point now.
MR. EYPEL: Yes. And I think you're --
THE MAYOR: What I'm saying, I will do
whatever the Commission would like to do.
MR. PAUL: Haven't we pretty well decided
that now? Or have we?
MR. RAND: Well, let's take a vote.
MR. EYPEL: Well, wait a minute. What are we
voting on here? I think we can --
MR. RAND: I think we can instruct Mayor
Voress to inform Mr. Hambric, okay, that the Town
Commission has met and has requested that he
either appear in person for us with his entourage
to go over this agreement and tell us what he
accepts and does not accept, and if he prefers not
to have a personal meeting, that he advise us in
writing as to what he accepts and rejects from our
counterproposal, period.
MR. EYPEL: I would agree with that, but I'd
like the language to be a little stronger in
regard to the purpose of coming here. I think we
should invite him here to negotiate a settlement.
MR. PAUL: With the five people?
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. EYPEL: Yes, to negotiate a settlement.
I mean, if he's going to come down here I'm not, I
don't want to sit here for three days and chitchat
with him and have him go away and generate some
document a week later.
THE MAYOR: My proposal would be opposite
that. I think what ought to be done is we ought
to ask him to send us a response to our proposal
to him. We need a response. We haven't had that.
MR. RAND: I would give him the option of a
verbal response first to a personal meeting,
fairly -- which they have to give us in writing.
THE MAYOR: Okay. I'll do whatever it is you
think about a response in writing.
MR. EYPEL: I would be more inclined to
either/or, but I think I would be more in favor of
a response, of a written, some sort of a written
response or, you know, an opportunity to meet with
us for the purpose of negotiating a settlement.
MR. AUGENSTEIN: I think that's the primary
thing, of having come here and sit face to face
and discuss it.
MR. RAND: If he will, if he is willing to
come down here and talk with the whole Commission,
then obviously he's interested in negotiating.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. AUGENSTEIN: Well, fine. Let's find out.
MR. RAND: And there's no need to put it in
writing.
MR. AUGENSTEIN: Let's find out.
MR. RAND: But if he objects to it,
apparently he's had some reservations about
meeting with us all together as such, then fine,
then let him prepare a response, a written
response as to what is acceptable and not
acceptable in the proposal that we sent him. He's
got two choices, either come here verbally and
face us verbally, the entire Commission, and deal
with us in the hope of negotiating a settlement,
or send it to us in writing and we'll answer it
and give you back our response.
MS. MARIANO: I think because we're trying to
get through this fast, we're going to settle it,
we want to settle it quickly, I think that both
offers need to be made. Get him to send us
something in writing and be prepared to come down
and talk to us, because if they send us something
in writing and you all meet and you want to send
something else we're going to be sending it back
to them, then they're going to have to send it
back, but they should send us something and be
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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prepared to come and meet and talk to you so --
MR. RAND: And stay here long enough to
settle it.
MS. MARIANO: Right, so we can get it settled
once and for all rather than going back and forth,
because that's going to take time, which is
something we may or may not have.
MR. RAND: And it's easier for him to come
here than for all of us to go up there.
MR. PAUL: Well --
MS. MARIANO: I don't know that that's legal.
You can't do that, you have to have it here.
MR. RAND: Legally we have to have it here,
okay? So that's our response as to holding a
meeting in a mutual place or up at their
headquarters --
MR. ROBERTS: Well, if my reading of Mr.
Hambric is correct from the brief meeting I had, I
mean, he told me -- and you can correct me if I'm
wrong, Mary Ann and Arlin -- that he meets on a
regular basis with the mayor of Boston and
Baltimore and Los Angeles and he told us about his
batting record with this, and I give him his just
due. I mean, he's a young fellow, I think he's
done well, and I seriously don't think that he has
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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any reservations meeting with you five gentlemen
and me and Mary Ann, quite frankly, I don't think
he's going to be intimidated by that.
I think that his statements or the statement
made by others that he doesn't want to meet with
you is that he doesn't want to necessarily have to
be put on the spot to commit himself without
meeting of the committee, and that's exactly the
same thing you want to do, okay? So that's
exactly why I think he should be invited down
here, is that he wants to put Arlin on the spot
and Arlin shouldn't be put on that spot, and say,
listen -- and that's why I specifically asked him
that question at our meeting and said, do you have
the authority to do this?
Because I've heard different things. I've
heard comments from my colleagues in the law that
anything would have to be approved by a committee
and a committee above them and a committee,
something like that. On the other hand, he's
telling Arlin, I've got fifty million dollars of
authority to settle it. So which is it?
MS. MARIANO: I asked for a copy of that, if
you recall, at that meeting. They said, it's
right here in my briefcase. Well, I haven't seen
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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it yet. I asked for, we'd like something in
writing -- we're going to need something in
writing that tells us if he signs on behalf of
them it's a good agreement and a good signature
and he has the authority to do that. I think they
owe us that.
MR. RAND: Or to settle it or make that
stipulation that he is authorized to settle it.
MR. ROBERTS: Yeah.
MS. MARIANO: Yes, but I, we should have a
backup sheet and a --
MR. ROBERTS: We got a resolution in the
charter that says that the Town Commission is
authorized to do that. I think you definitely
need something to show that they're authorized
because you don't want to go through all this and
have this all fall apart --
THE MAYOR: Right, we need to have that --
MR. ROBERTS: I don't foresee a problem
forthcoming, but I think the point to be made
there is that Hambric, Mr. Hambric travels across
the country, and what is he doing? He's putting
out fires and he's settling cases and like that.
He, you know, he flew down here to meet with us,
and this was their request. I think, I mean, I
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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think he can fit it into his schedule to work with
this. I think that, you know, the time is right.
I mean, I read in the paper the other day, I think
the RTC is going out of business in July.
THE MAYOR: The 31st of December, he's told
his employees.
MR. ROBERTS: I understand that, but I read
there's some new corporation that's been formed to
take over their thing and I think the transition
starts July 1.
THE MAYOR: It may well be, but they, as an
entity, are going out of business at the end of
the year.
MR. ROBERTS: They as an entity, but there's
a successor to all this called the Federal Savings
and Loan Corporation or something like that.
THE MAYOR: Yeah, they're part of the FDIC.
MR. ROBERTS: Well, this is a different one,
this is a new one, this is another bureaucracy
that's been created, which I suspect it will
probably be a place for many of them to find jobs.
But I think the transition, RTC starts the
transitioning out.
I suspect that, you know, they want to get
rid of this, despite what they say. It's
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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something that they have to deal with.
I share your concerns about what their
response is. I get from the fact that they called
you that they don't want to deal with it, they
just want you to sign what they are, and I think
it needs to be confirmed with them that five and a
half million dollars, we don't have that in our
bank account, and --
THE MAYOR: Well, I've had no discussions
about that money.
MR. ROBERTS: Well, but I think the point to
me is, to echo what Arthur said earlier, is that
if it were just a matter of, you know, switching a
few codes and, you know, writing out a check for
five and a half million dollars can be very easy,
but you all just don't have that in your bank
account, and he's used to dealing with the mayor
of Boston, who could probably say, hey, write me a
check for five million, or Los Angeles or
something like that.
THE MAYOR: Well, we have access to the
money, whatever the amount is, and that's what I'm
going to ask Charlie while he's here. I think,
Charlie, you have looked over what Rusty has put
together as far as the settlement stipulation in
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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effect is an order of the court for the Town to
pay whatever the money is.
MR. SCHOECH: I have --
THE MAYOR: And therefore that relieves us
from any constraints about going for a referendum
for running, for approving the tax increase,
millage increases and so forth, correct?
MR. SCHOECH: That's correct. Go ahead. I'm
sorry.
THE MAYOR: One of the things I met with
Charlie about and talked to Charlie about is I
said, suppose instead of having a kind of a deal
we have right now, that we had another type of
deal with RTC where we paid them some money up
front and then later on we would pay them money,
the latter of either a certain amount of time, say
twelve months or something, or when the property
was sold, that we'd owe them the final number,
whatever we said.
Do we have the ability under this stipulation
to then obligate and require that future
Commissions, because that property might not be
sold for five years, to pay the, if you will, the
lump sum that would be the difference between
whatever we would pay initially and whatever we
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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would ultimately pay, to commit the future
Commissions to raise that money, or is there a
question relative to whether future payments of
money at a longer time would be a problem? I
think, Charlie, that's the question I asked you.
MR. SCHOECH: And there are a couple of
issues there, and as it relates to future payments
or installment payments, obviously this agreement,
as Rusty has drafted it, doesn't talk about
installment payments, because it's not
contemplating a larger amount which would
necessitate that.
So if we are in the mode of discussing
installment payments and considering that as part
of the settlement, that would have to be addressed
in the document.
If it is addressed in the document, that's
adopted as a court order, you clearly have no
problem binding future counsel. Absolutely not a
problem.
Now where you have to be careful, and this I
would obviously sit down with Rusty and discuss,
is if you're talking about installment payments
where you have, say, three years to pay the
additional amounts after your initial lump sum,
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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and you can do that by simply raising taxes a mill
or two mills, and you do not have to bond and then
you choose, well, let's go ahead and bond anyway,
if you don't have to bond then we have to address
the question of are you relieved of the obligation
to have a referendum when you're not compelled to
do bonding because you have the ability to do
installment payments? And that we would have to
address.
If the document clearly said we want five
million and we want it within a year, and you
don't have the ability to raise that in taxes and
you have to bond, then clearly we can bond without
the referendum because you don't have an option,
but where you have that option we have to be very
careful that we don't back ourselves into a
corner, but that we would do in drafting the
document, once we know that that's the settlement
we want to put on the table. As far as binding
future counsel, not a problem.
THE MAYOR: Okay. Thank you.
MR. RAND: Well, have we all reached an
agreement?
MR. ROBERTS: I think it was a motion.
MR. RAND: I made the motion.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. AUGENSTEIN: Will you repeat that,
please?
MR. RAND: I make a motion that Mayor Voress
be directed to inform Mr. Hambric that the Town
Commission has directed him to inform Mr. Hambric
that we would cordially invite him to come before
the entire Town Commission in an executive
commission meeting to attempt to negotiate a
settlement in connection with this matter. If he
does not wish to accept such an invitation to
appear before us personally to negotiate this
matter, that he then be requested to send the Town
Commission a letter indicating what parts of the
proposed agreement that we sent him are acceptable
and not acceptable and make a counterproposal in
those areas where there is no agreement on his
part.
MR. AUGENSTEIN: Very well said.
MR. EYPEL: I'll second that motion.
MR. RAND: Are we all in favor?
MR. PAUL: Discussion?
THE MAYOR: Yes, discussion.
MR. PAUL: Do we want to make it that
definite what we want in a response? We're
spelling out what we want him to say. Can we get
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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67
by with just saying, or respond in writing to the
proposal?
MR. RAND: That's what I said.
MR. PAUL: Yes, but you said, didn't you have
a lot of specifics that --
MR. RAND: That if he prefers not to appear
personally, that he indicate in writing what parts
of our proposal are acceptable to --
MR. PAUL: Okay. That's why I'm saying, do
we want to be that specific in his reply or just
say, respond to our offer?
MR. RAND: Well, if he is going to respond,
then he can respond and say, I find the offer
unacceptable, that's not going to help us.
MR. AUGENSTEIN: I think that's sufficient,
that will do the job.
MR. RAND: Yes.
THE MAYOR: I'll ask him to respond in
detail.
MR. AUGENSTEIN: You got it.
THE MAYOR: In detail, that's what we want,
and I think to add to it, once, if he chooses that
route, he ought to be prepared to come down and
then try to sit with the Commission and get the
response from him.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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MR. RAND: And I think you ought to convey
the message to him, you will learn firsthand that
we are genuinely interested in trying to settle
this thing, contrary to the impressions being
given to you by some of your colleagues.
THE MAYOR: I think that's very important. I
think that's very important.
MR. RAND: Because that happens to be the
case. I don't think any one of us here are averse
to settling. I think it's a question under what
conditions and what consequences. Okay? That's
all we want to know, and right now we don't know
and they're not telling us. All they're telling
us is this is unacceptable, you're wasting our
time and you are telling us you don't want to
settle, which is a bunch of nonsense.
MR. AUGENSTEIN: You want to take a vote on
it?
MR. RAND: I think for the record we should
have a vote.
THE MAYOR: Sure. Sure. Commissioner
Augenstein?
MR. AUGENSTEIN: Aye.
THE MAYOR: Commissioner Eypel?
MR. EYPEL: Aye.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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T11
THE MAYOR: Commissioner Paul?
MR. PAUL: Aye.
THE MAYOR: Commissioner Rand?
MR. RAND: Aye.
THE MAYOR: Mayor Voress, aye. I think
that's good.
MR. RAND: I make a motion that this meeting
be declared adjourned.
MS. MARIANO: No, we can't, we have to call --
MR. ROBERTS: Well --
MR. RAND: Rusty's got something --
MR. ROBERTS: Okay. All right. You want,
you want to declare the executive session closed
and reopen the special meeting?
THE MAYOR: Okay.
MR. RAND: I think you should indicate that
the time that the meeting was adjourned, too.
MR. ROBERTS: It's 4:30.
THE MAYOR: Can you call for Doris?
MS. MARIANO: I already did. She's on the
way.
MR. ROBERTS: Indicate the time the executive
session ended and that those people in attendance
and speaking were only those that were announced
at the opening of the meeting, and the meeting
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S. E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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lasted an hour and fifteen minutes. And you get
to write it up.
(Whereupon the Clerk entered the meeting
room.)
THE MAYOR: We're back in special session. I
make a motion to adjourn.
MR. PAUL: So moved.
MR. AUGENSTEIN: So seconded.
THE MAYOR: All right. All in favor?
Meeting stands adjourned.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955
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71
C E R T I F I C A T E
The State of Florida, )
County of Palm Beach. )
I, NANCY L. CONING, Registered Professional
Reporter, do hereby certify that I was authorized to
and did report the above meeting at the time and place
herein stated, and that it is a true and correct
transcription of my stenotype notes taken during said
meeting.
The foregoing certification of this
transcript does not apply to any reproduction of the
same by any means unless under the direct control
and/or direction of the certifying reporter.
In witness whereof I have hereunto set my
hand this -k day of%�. L(�- 1995.
NANCY L- CONING, RPR, CP
My Commission Expires
JULY 21, 1995.
MUDRICK, WITT, LEVY & CONSOR REPORTING AGENCY, INC.
5th Floor • Comeau Building Suite 1515, 1 Financial Plaza International Place Suite 205
319 Clematis Street NationsBank 100 S.E. 2nd Street • 23rd Floor 2499 Glades Road
West Palm Beach, Florida 33401 Ft. Lauderdale, Florida 33394 Miami, Florida 33131 Boca Raton, Florida 33431
Area Code (407) 659-4155 Area Code (305) 525-6723 Area Code (305) 371-2713 Area Code (407) 338-0955