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09-30-2010 VC SP AC-MMINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • SEPTEMBER 30, 2010 Present: William L. Manuel, Mayor Darryl Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 7:00 p.m. All members of Council were present. All members of staffwere present. REQUEST FOR ATTORNEY-CLIENT SESSION Village Attorney Len Rubin requested that the Village Council meet in anattorney-client session to discuss ongoing litigation between the Village and S&H Foster's Inc. d/b/a Foster's Pub, Case No. 502008CA028708 ANNOUNCEMENT OF CLOSED ATTORNEY-CLIENT SESSION Mayor Manuel announced that the Village Council would recess for the purpose of holding a closed Attorney-Client Session. Mayor Manuel estimated that the Attorney-Client Session would last not more than thirty (30) minutes. RECESS Mayor Manuel recessed the Special Session at 7:02 p.m. RECONVENED SPECIAL SESSION The Special Session reconvened at 7:27 p.m. Mayor Manuel announced the termination of the Attorney-Client Session. All members of Council were present. All members of staffwere present. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 7:27 p.m. Melissa Teal, CMC, Village Clerk Attorney/Client Meeting Fosters vs Village of NPB 1 VILLAGE OF NORTH PALM BEACH 2 3 CLOSED ATTORNEY-CLIENT SESSION 0" RIG INAL 4 RE: FOSTER'S PUB LITIGATION 5 6 Thursday, September 30th, 2010 7 7:03 p.m. - 7:25 p.m. 8 9 10 11 12 13 14 15 APPEARANCES: 16 WILLIAM L. MANUEL, MAYOR 17 DARRYL C. AUBREY, VICE MAYOR 18 DAVID B. NORRIS, PRESIDENT PRO TEM 19 T.R. HERNACKI, P.E., COUNCILMAN 20 ROBERT A. GEBBIA, COUNCILMAN 21 JIMMY KNIGHT, VILLAGE MANAGER 22 LEONARD RUBIN, VILLAGE ATTORNEY 23 24 25 Preferred Real -Time Reporting, Inc. Page: 1 Attornev/Client Meetino Fosters vs Village of NPB 1 (Thereupon, the following proceedings were 2 had:) 3 - - - 4 MR. RUBIN: Is it my show? 5 MAYOR MANUEL: You need to announce who is 6 present. 7 MR. RUBIN: We can announce who is present. 8 All members of council and the village 9 manager, Jimmy Knight, and myself, Len Rubin, 10 village attorney, all present. 11 We are here, as you all are well aware, to 12 talk about Foster's Pub. 13 MAYOR MANUEL: Are we recording? 14 MR. RUBIN: She is recording. 15 MAYOR MANUEL: And do you need the names of 16 the members of council? 17 MR. RUBIN: She has them. 18 As you all are aware, I sent you a copy of 19 the order that was entered by Judge French; and, 20 essentially, what he ruled was that Foster's Pub 21 was entitled to continue operating between the 22 hours of 2:00 a.m. to 7:00 a.m., although that is 23 a mistake. It will be corrected to 5:00 a.m. to 24 reflect the current operating hours. 25 He found that they were entitled to continue Preferred Real -Time Reporting, Inc. Page: 2 Attorney/Client Meeting Fosters vs Village of NPB 1 to operate during those hours that they currently 2 operate pursuant to their grandfather status until 3 their leasehold expires in December of 2015. 4 So it is of limited duration. It is five 5 years from this coming December. 6 And, as I said, the judgment will be 7 corrected to reflect 5:00 a.m., not 7:00 a.m., and 8 counsel for Foster's Pub agreed to that. 9 Why I am here today is to seek guidance from 10 the council as to whether you want to pursue an 11 appeal. I know we touched on that in prior 12 attorney-client sessions, but now is the time to 13 make that decision. 14 The village's position or my position and the 15 position of trial counsel is that, again, Judge 16 French missed the mark in his ruling. 17 Essentially he said that the Foster's Pub 18 lease prevents the application of a valid village 19 police power ordinance or Section 3-2 of the 20 village code regulating the sale of alcoholic 21 beverages. 22 I will just give you why we think it is in 23 error, like a thumbnail sketch. 24 First of all, the Florida Statutes are clear 25 that once property is annexed into a municipality, Preferred Real -Time Reporting, Inc. Page: 3 Attorney/Client Meeting Fosters vs Village of NPB 1 the laws and regulations of that municipality 2 control. 3 Two, Florida law is also clear that drinking 4 establishments in bars acquire no vested rights in 5 their hours of operation. 6 Turning to the precise lease, the lease that 7 Foster's entered into with the owners of Live Oak 8 Plaza was expressly subject to all laws, 9 regulations, ordinances in effect. 10 And, finally, that lease did not guarantee 11 any specific hours at all. It never addressed 12 hours. Although there was some self-serving 13 testimony at trial from Mr. Foster about how the 14 hours were discussed, it was not ever set forth in 15 the lease agreement. 16 So our option right now is to appeal to the 17 Fourth District Court of Appeal. I sort of went 18 through some positives and negatives just to start 19 the conversation. 20 The clear positive is that we seek to enforce 21 our ordinances within the village uniformly, why 22 should Foster's Pub be treated differently than 23 any other bar that might operate within the 24 village. 25 It is a bad decision which sets bad precedent Preferred Real -Time Reporting, Inc. Page: 4 Attorney/Client Meeting Fosters vs Village of NPB 1 on a much more global home rule power scale than 2 just what applies within the village. 3 And we did talk to the League last time, as 4 Bill was there, I believe, when we were facing the 5 appeal with respect to the injunction, and at that 6 time the board told us, if it ever goes to final 7 appeal, to come back again and request an amicus 8 from the Palm Beach County League of Cities. 9 So if the council decides to move forward in 10 that direction in filing an appeal, we definitely 11 will request that the League file an amicus to 12 support our cause. 13 VICE MAYOR AUBREY: Excuse me, what is that? 14 MR. RUBIN: Oh, amicus is a friend of the 15 court brief, because the issues are ones that 16 affect municipalities, then they would submit a 17 separate brief basically explaining why they 18 believe that the decision was in error. There is 19 actually a rule that addresses how you go about 20 doing that. 21 And just to give you the negatives, just to 22 give you the flip side, there is some risk that we 23 can establish bad law, that the Court could rule 24 against us; and, you know, it will have impact 25 beyond the Village of North Palm Beach. There is Preferred Real -Time Reporting, Inc. Page: 5 Attornev/Client Meeting Fosters vs Village of NPB 1 a cost. I don't believe the cost is factor -- 2 You have a filing f ee of about, I am trying 3 to think of the appellate fee, of probably about 4 $400. I don't anticipate it will be more than 5 $5,000 in attorney's fees primarily because these 6 issues were briefed the first go around. 7 Although the issues were slightly different, 8 one of the elements of the injunction appeal was 9 whether they could state a cause of action, so 10 many of the same arguments will be raised again. 11 I'm a little discouraged by the fact that 12 they issued that affirmance without an opinion 13 last time. 14 I was discouraged by their lack of 15 understanding or their seeming lack of 16 understanding of the underlying issues. And there 17 is a time factor. It will take probably a year to 18 get through that process. 19 So those are the positives and negatives, and 20 I just need guidance from the council as to 21 whether we want to move forward with the appeal. 22 MR. KNIGHT: I would like to just jump in. 23 MR. RUBIN: And Jimmy, you can jump in. 24 MR. KNIGHT: Just to kind of let everyone 25 know where we have gone and what we have done, you Preferred Real -Time Reporting, Inc. Page: 6 Attorney/Client Meeting Fosters vs Village of NPB 1 know, we have, prior to us going to court, which 2 we did just last month, there are -- 3 You know, we met with the Foster's, with the 4 mediator. We tried to come up with some means by 5 which to, you know, have all parties win, if you 6 will. That did not go well. We ended up in 7 court. 8 We thought that we made a passionate 9 argument, although the Judge seemed to be 10 certainly his heels dug in, hardened in his 11 position that the lease, itself, established a 12 right for the Foster's Pub. 13 I think I was abundantly clear that we didn't 14 believe that this was not personal with the 15 Foster's Pub. 16 We actually were sympathetic to the fact of 17 the situation that they find themselves in, and we 18 asserted the fact that the owner of the property, 19 the landlord, if you will, made representations to 20 you as a village council that any disagreement was 21 between him and the leaseholder or the lessee. 22 And I think the exact statement from 23 Mr. Brandenburg at the time was is his client was 24 more than capable of, you know, settling any 25 issues between Foster's Pub and them. Preferred Real -Time Reporting, Inc. Page: 7 Attorney/Client Meeting Fosters vs Village of NPB 1 We know now that that has not occurred, and I 2 need to report to you that expenses to date are 3 somewhere around $20,000. We just paid as part of 4 the trial a $9,700 bill. I think it was 10,000 or 5 thereabouts before that. 6 So we've clearly exceeded that of what we 7 have collected now in ad valorem and/or our 8 business tax receipts. 9 As a matter of fact, I was real clear when I 10 testified at the trial that had we known that we 11 would be placed in this situation, we would not 12 have annexed it. It just would not have been the 13 proper marriage. We would not have annexed that 14 property. 15 We thought that, you know, we got on to a 16 point of understanding clearly, you know, be it 17 his personal beliefs or compassion for the 18 Foster's, whatever the case may be. 19 From my personal standpoint, I understand 20 that, you know, we could be setting ourselves up 21 for bad case law. I think though we have an 22 obligation to protect the village's or the 23 municipal police enforcement powers. 24 I think the work is all but done. I think 25 the cost would be minimal, and I think that, you Preferred Real -Time Reporting, Inc. Page: 8 Attornev/Client Meeting Fosters vs Village of NPB 1 know, my recommendation is that we go forward. 2 It is not against Foster's Pub. As a matter 3 of fact, we have spoken to the Foster's attorney. 4 They are very much aware of it. 5 As a matter of fact, they have relayed to us 6 that if for some reason the village had won the 7 ruling, you know, their next step was to go after 8 the property owner. 9 So I think that they understand that they 10 have other remedies, and we tried to convince the 11 Judge that they had other remedies, but it is 12 clearly sitting in our lap. 13 MR. RUBIN: Just to expound upon that, they 14 believed, according to their attorney, that they 15 had to pursue a claim against the village first, 16 which I believe they thought would be denied, 17 which it wasn't, before they pursued the claim 18 against the property owner. 19 And I think Mr. Gorman, if you talk to him 20 privately, will be the first one to admit that he 21 is surprised where we have all ended up; but, 22 nonetheless, this is where we are. 23 MR. KNIGHT: Not that he is not happy. 24 MR. RUBIN: Not that he is not happy, 25 correct. Preferred Real -Time Reporting, Inc. Page: 9 Attorney/Client Meeting Fosters vs Village of NPB 1 MAYOR MANUEL: Vice Mayor Aubrey. 2 VICE MAYOR AUBREY: Yeah. May I ask a 3 question about the lease? 4 MR. RUBIN: Yes. 5 VICE MAYOR AUBREY: I assume the lease was 6 entered into by the previous owner of the 7 property, not by the current owner of the 8 property? 9 MR. RUBIN: I can't say that for sure. I 10 think I have it actually in my briefcase that I 11 left in the council chambers. 12 VICE MAYOR AUBREY: And is it an iron clad -- 13 MR. NORRIS: I think that was true. 14 MR. RUBIN: I believe that is true, but they 15 assumed the lease when they bought the property. 16 VICE MAYOR AUBREY: And is the lease, was it 17 a fixed period iron clad through 2015? 18 MR. RUBIN: No. Actually, what it was was it 19 was through 2000 -- 20 Originally it was through 2005 with an option 21 for another five years to bring it to 2010, but I 22 did look at this today. 23 Prior to this happening, it was extended to 24 include two option periods with an increase in the 25 rent and how things were calculated to take it Preferred Real -Time Reporting, Inc. Page: 10 Attorney/Client Meeting Fosters vs Village of NPB 1 through the 2015. 2 They said well, because the Foster's wanted 3 an additional five years, they said, we will give 4 you an additional five years in addition to the 5 five you had previously, so it was through 2010 to 6 bring it through 2015 with some additional 7 consideration. 8 VICE MAYOR AUBREY: What I was coming at, was 9 there any way any kind of renewal period to alter 10 the terms of the lease in our favor? 11 Is there any way that it can be reopened? 12 MR. KNIGHT: Well, that was something that 13 through mediation we were trying to get there. I 14 think what we had thrown out was 2013. 15 MR. RUBIN: Right. 16 MR. KNIGHT: It is somewhat arbitrary, but we 17 figured, you know, by the time, if we did appeal 18 it, by the time it would get heard, you know, and 19 it was five years from the date that it had been 20 annexed. 21 So we figured, you know, to utilize that 2013 22 number, you know, they had that grandfather 23 status, if you will, for five years, but it was 24 rejected. 25 And, you know, it is important to note Preferred Real -Time Reporting, Inc. Page: 11 Attornev/Client Meeting Fosters vs Village of NPB 1 although the order seems to suggest that they have 2 this grandfather status to 2015, and although I 3 think Len has contacted Mr. Gorman and Mr. Gorman 4 says that's his understanding, we are not sure 5 that if they amend the lease for another 10 years 6 that we wouldn't be -- 7 VICE MAYOR AUBREY: Right back in the same 8 spot. 9 MR. RUBIN: Well, it does, and that's true, 10 Jimmy, but it does say in his order, and David 11 Gorman is on record. I have an e-mail that he 12 sent to Hochman saying that he agrees it is only 13 to 2015. 14 VICE MAYOR AUBREY: 2000 and what? 15 MR. RUBIN: 15. 16 VICE MAYOR AUBREY: 15. 17 MR. RUBIN: Because if you look at the last 18 page of the order, it does say, until its 19 leasehold expires in 2015. 20 VICE MAYOR AUBREY: So there is no way that 21 can be reopened? 22 MR. RUBIN: Not according to this. 23 VICE MAYOR AUBREY: There is no crack in 24 there? 25 MR. RUBIN: I want to say no way, but Judge Preferred Real -Time Reporting, Inc. Page: 12 Attorney/Client Meeting Fosters vs Village of NPB 1 French's ruling right now is to 2015, so it is 2 five years from this coming December. 3 MAYOR MANUEL: Councilman Gebbia, did you 4 have a question? 5 COUNCILMAN GEBBIA: I think you are just 6 talking about exactly the question I have is, is 7 the Judge's ruling absolute, and if it is not, if 8 we are under any, you know, additional risk of 9 having them come in on the eleventh hour again and 10 asking for some additional time, we may be in this 11 thing forever. 12 MR. RUBIN: No. He did -- 13 Gorman did agree that it is just to 2015. 14 COUNCILMAN GEBBIA: But is that --- 15 Just because he agreed doesn't have any -- 16 MR. RUBIN: And that's the way the order 17 reads. He would have a tough time saying it is 18 beyond that, because now they know and they are in 19 the village. 20 It is one thing where you have a lease in 21 effect before you are in the village, but now that 22 they are here, and they know the Judge ordered 23 through 2015, it is tough now to say oh, no, well 24 this should continue ad infinitum, on and on. 25 COUNCILMAN GEBBIA: So then the real issue, Preferred Real -Time Reporting, Inc. Page: 13 Attorney/Client Meeting Fosters vs Village of NPB 1 other than living with this for another five 2 years, is whether or not we think there is some 3 precedence being set here which could affect a lot 4 of other things that may come into the village? 5 MR. RUBIN: Correct. 6 MR. KNIGHT: And I don't -- 7 You know what, I don't think that any of 8 these rulings -- 9 Well, maybe they have been predicted. I 10 think we thought that the case law was clear and 11 clearly on our side. 12 So, you know, for that reason, you know, I am 13 inclined to recommend that you appeal it, even if 14 it takes us four and -a -half years. You know, it 15 is not really about winning, and I am not really 16 trying to displease Foster's. I just think we are 17 trying to protect our powers. 18 MAYOR MANUEL: Mr. Hernacki, do you have 19 anything? 20 MR. HERNACKI: Proceed with the appeal. 21 MAYOR MANUEL: Mr. Norris. 22 MR. NORRIS: First of all, if you recall when 23 this started, I was representing Foster's, which I 24 no longer do. 25 Mr. Rubin says so that means I can Preferred Real -Time Reporting, Inc. Page: 14 Attorney/Client Meeting Fosters vs Village of NPB 1 participate, correct? 2 MR. RUBIN: Correct. 3 MR. NORRIS: Okay. My initial thought when 4 we started this was, let's just get past it, you 5 know. You know, you can say attorney's fees 6 aren't going to be much; and, you know, as you 7 know I am an attorney, and there is a lot of times 8 where that doesn't prove to be true so -- 9 And it is not in the total control of our 10 attorney in that respect. 11 So depending upon what the other side does, 12 dictates, you have to respond, and so don't be 13 surprised that it ends up being much more than 14 $5,000, the $5,000 estimate. 15 So with that in mind, my initial thought was 16 let's just -- don't want to incur that expense. 17 Why continue to fight. It is kind of like a, in 18 some sense, an anti -business type of fight 19 situation. 20 I don't see where it creates a horrible 21 precedent for us if we just, if we just suck it up 22 and go with this bad, bad ruling. 23 But listening to the arguments, and the 24 biggest concern I have is that the order and the 25 way it reads, because I can see them coming back Preferred Real -Time Reporting, Inc. Page: 15 Attorney/Client Meeting Fosters vs Village of NPB 1 and saying, you know, we are extending the lease, 2 and the lease hasn't expired. 3 So, you know, the language is not clear, and 4 then you are back in front of the Judge, and the 5 Judge may be a very business friendly type of 6 Judge or something and go with it. 7 So it is a wide open situation potentially 8 there. So given that, I. you know, I think we 9 should appeal. 10 MAYOR MANUEL: I have a couple of questions 11 for you, Mr. Rubin. 12 MR. RUBIN: Yes, sir. 13 MAYOR MANUEL: In the Judge's order he stated 14 some previous precedent cases, didn't he? 15 MR. RUBIN: He, in favor of his ruling, in 16 support of his ruling? 17 MAYOR MANUEL: In support of his ruling. 18 MR. RUBIN: Well, the case that he cites in 19 support of his ruling had to do with a leasehold 20 as a protected property right. 21 But what he ignores is that even if there was 22 a protected property right, which I don't believe 23 there is, because we are not talking about the use 24 of the property, we are talking about hours of 25 operation. Preferred Real -Time Reporting, Inc. Page: 16 Attorney/Client Meeting Fosters vs Village of NPB 1 And even if we now said that that use is 2 prohibited, the remedy is not to enjoin 3 enforcement of a valid ordinance. The remedy 4 would be some sort of damages for denying them a 5 use or impairing previously existing property 6 rights. 7 The big flaw in his reasoning is that somehow 8 the property right can trump the ordinance. 9 Now, there might be a situation where 10 damages, money damages might have to be paid for 11 impairment of a property right. Again, I don't 12 believe he has one. 13 But the leasehold or whatever property right 14 is in existence does not trump an ordinance. 15 That's one of the major flaws and the reasoning in 16 my opinion. 17 MAYOR MANUEL: So if you took this up to the 18 Fourth DCA, do you feel confident that you are 19 going -- 20 I know that you have said in the past that 21 you felt that the DCA would probably look at this 22 from the point of the law. 23 MR. RUBIN: I hope. I mean, they are 24 supposed to. They are supposed to look at it from 25 the point of the law and not from what they Preferred Real -Time Reporting, Inc. Page: 17 Attornev/Client Meetino Fosters vs Village of NPB 1 believe. 2 You know, I believe at the beginning the 3 Judges were sympathetic, took a pro business 4 approach as council member Norris said and maybe 5 looked at more the equities and ignored the law a 6 little bit. 7 Now the Fourth DCA I am hopeful will look at 8 the law. That's their job. They are an appellate 9 court; but, unfortunately, you never know. 10 MAYOR MANUEL: I am in favor of going 11 forward, but I would do so -- 12 I would like to have, again, the support of 13 the League. 14 MR. RUBIN: I agree. 15 MAYOR MANUEL: If we don't have their 16 support, then I question going forward. 17 I know that it is probably the right thing to 18 do, but I think we need to at least have counsel 19 with her, because I know that she is very -- 20 And this is not a black mark on you at all. 21 MR. RUBIN: No, I understand. 22 MAYOR MANUEL: But, in other words, she has 23 dealt with these city issues throughout the state 24 for a long period of time and been very successful 25 with them, so I would like to make sure we have Preferred Real -Time Reporting, Inc. Page: 18 Attornev/Client Meeting Fosters vs Village of NPB 1 that on board. 2 MR. RUBIN: I will speak with her. 3 MAYOR MANUEL: And I think the cost, based on 4 what you are saying, probably under $6,500, 5 because if there is no fact finding to be done on 6 this case -- 7 MR. RUBIN: No. An appeal is -- 8 MR. HERNACKI: It is like a flat fee. 9 MR. RUBIN: It is scheduled. 10 I mean, appeals, it is a matter of preparing 11 the initial brief, preparing a reply brief and 12 attending oral argument, if it is scheduled. 13 MR. KNIGHT: And I will share with you, 14 during the trial, and having discussed this with 15 your outside counsel, the whole trial for us was 16 presented with the belief that it was probably 17 going to go to the Fourth DCA. 18 Everything that we did, everything that we 19 said, you know, we did so with the belief that it 20 would be heard by a higher court so -- 21 MR. HERNACKI: I would add one thing. 22 In dealing with annexations going forward, 23 depending upon when this ends, you know, we 24 should -- 25 We should learn, I guess learn from this that Preferred Real -Time Reporting, Inc. Page: 19 Attornev/Client Meetiniz Fosters vs Village of NPB 1 if there are any leases there, and to me the 2 ruling says the lease trumps the property owner. 3 MR. RUBIN: Right. 4 MR. HERNACKI: You know so -- 5 But if we have properties that are annexed in 6 and they are subject to leases, well, we need to 7 make sure that those tenants are on board. 8 MR. RUBIN: And the joke is, if it was 9 involuntary, and say it went to referendum; and, 10 you know, it was just by a vote, the laws still 11 apply. Just because you weren't in favor of 12 coming in doesn't mean that the ordinances won't 13 be effective. 14 He just was focused on this. You know, we 15 knew it would impair their business, but we took 16 it anyway. Well, we took it anyway because we 17 believed our ordinance would prevail and that 18 any -- 19 We didn't change the playing field. The 20 property owner did. So if there was any remedy, 21 it would be against the property owner and not the 22 village. 23 MAYOR MANUEL: I have another question you 24 brought up. If the village went to referendum on 25 this particular case and prevailed -- Preferred Real -Time Reporting, Inc. Page: 20 Attornev/Client Meeting Fosters vs Village of NPB 1 MR. RUBIN: In changing the hours or -- 2 MAYOR MANUEL: In changing or limiting the 3 hours to what the ordinance reads to 2:00 a.m., I 4 believe. 5 MR. RUBIN: Right, but the ordinance already 6 reads that, so that's why it is tough. 7 And even then, he really -- 8 He uses that, and I believe, again, that his 9 reasoning is flawed, but he uses that just to 10 distinguish a case that really had no basis to be 11 distinguished. 12 Somehow that, because it went to referendum, 13 that the will of people should prevail. 14 Well, regardless of whether an ordinance is 15 proposed by referendum through the initiative 16 process or whether it is enacted by the council, 17 it has the same legal effect. 18 MR. HERNACKI: It is still the will of the 19 people. Council represents the will of the 20 people. 21 MR. RUBIN: Exactly. It is either through 22 your represented body or it is through -- 23 It is just a different mechanism to get to 24 the same place. 25 MR. KNIGHT: And Mayor, I actually asked Len Preferred Real -Time Reporting, Inc. Page: 21 Attornev/Client Meeting Fosters vs Village of NPB 1 the same exact question. 2 MR. RUBIN: Yeah. Jimmy and I had that 3 discussion. 4 MR. KNIGHT: We debated that, and the truth 5 of the matter, it looks like in the finding he is 6 saying that he enjoys a grandfather status. 7 MR. RUBIN: Right. 8 MR. KNIGHT: And whether you did it by 9 referendum, he would probably still assert that he 10 has a grandfather status. 11 MR. RUBIN: I think he would. 12 MAYOR MANUEL: All right. 13 Mr. Gebbia, are you in favor of going 14 forward? 15 COUNCILMAN GEBBIA: Yes. 16 MAYOR MANUEL: Vice Mayor Aubrey. 17 VICE MAYOR AUBREY: Yeah. As a matter of 18 principle, I think we should go forward. 19 MAYOR MANUEL: I believe we should. I think 20 you need to keep us up to date, particularly -- 21 MR. RUBIN: I will. 22 MAYOR MANUEL: -- the cost feature. 23 And one last question. If we did prevail 24 with the DCA, would we be able to get any 25 reimbursement? Preferred Real -Time Reporting, Inc. Page: 22 Attorney/Client Meeting Fosters vs Village of NPB Preferred Real -Time Reporting, Inc. Page: 23 Attorney/Client Meeting Village of NTB 1 C E R T I FI C A T E 2 THE STATE OF FLORIDA 3 COUNTY OF PALM BEACH 4 1, MAUREEN HALL, Registered Professional S Reporter, do hereby certify that I was authorized to and 6 did report the foregoing proceedings at the time and place herein stated, and that the foregoing is a true 8 and correct transcription of my stenotype notes taken 9 during said proceedings. 10 IN WITNESS WHEREOF, I have hereunto set my 11 hand thi S 4T" day of OCTOBER 2010 12 13 14 is 16 MAUREEN HALL Registered Professional Reporter 17 18 19 20 21 22 23 24 25 Preferred Real -Time Reporting, Inc. Page: 24