AI Final

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ADMINISTRATIVE INVESTIGATION
TABLE OF CONTENTS
DESCRIPTION
Administrative Investigation
Indictment
US Attorney's Office Exhibit List
FBI Audio Transcript-01/04/12
FBI Audio Transcript-02/27 /12
FBI Audio Transcript-07 /27/12
1-41
42-50
51-60
61-71
72-75
76-83
84-95
96-98
99-109
110-112
113-114
115-150
151-153
154-162
163-171
172-194
195-201
202-210
211-217
218-223
224-226
227-231
232-235
236-249
250-251
252-254
255-265
266-270
271-278
279-294
295-300
301-303
304-308
309-320
321-330
331-337
Administrative Investigation
FBI Investigative Timeline and Synopsis (Obtained from FBI audio/video recordings and the Indictment
(resources attached)
1. Mid-2011 - Margate City Commissioner David Mclean reportedly negotiated with lutchman
"Chris" Singh to rent a storefront bar previously known as The Beer Garden within Singh's
shopping center. Mclean desires to reopen the bar under a different name. Singh had
previously experienced a number of alleged adverse enforcement contacts with members of
Margate city government.
2. 08/01/2011 - Mclean opened an establishment named Dave's Tiki Bar located at 238 North
State Road 7.
3. Late-2011- According to the indictment, Mclean discussed with Singh making improvements to
Singh's shopping center property, telling Singh that as the head of the Margate Community
Redevelopment Agency (MCRA), Mclean could control and influence which MCRA projects
received funding. Mclean explained to Singh that the MCRA had a grant program wherein it
provided matching funds for property improvement projects and that, if he and Singh found a
contractor who would provide an inflated estimate, they could use the 50% award provided by
the MCRA to pay for the entire project so that there would be no real cost to Singh (and
Mclean).
4. 01/04/2012 12:24 p.m. - FBI Audio - Florida Division of Alcoholic Beverage and Tobacco (ABT)
enforcement activity discussed. Margatenews.net implied as the source of ABT's focus on
Mclean. Mclean speaks of Russian investors. He opines that Mitchell Pellecchia
(Margatenews.net) needs a beating. Singh relates that Pellechia is to Mclean like Mahoney is to
Singh. Mclean describes that Pellecchia is always intoxicated and comments that he will get
Margate Officer Fernandez ... or Hernandez on Pellecchia. Mclean mentions that Pellecchia was
stopped and previously let go. He comments that the police chief told him that the police
department would get Pellecchia.
5. 01/09/2012- (From the indictment) Mclean reportedly agreed to assist Singh (in exchange for
financial considerations) with acquisition of an auto repair facility code variance and
occupational license (business tax receipt) for Singh's Autotronics business as well as the release
of accruing code violation liens which the City of Margate had levied against Singh. Mclean
discussed with Singh the filing of an application for the MCRA 50% matching business
improvement grant. Mclean then phoned a Margate city employee to have a grant application
form put in his mail box at city hall.
6. 01/11/2012 12:12 p.m.- FBI Audio- Short conversation. No pertinent detail.
7. 01/12/2012 9:21p.m.- FBI Audio- Mclean mentions that his automobile was repossessed this
date. Mclean will be without a vehicle until the following Monday and asks Singh for a vehicle.
Singh and Mclean fabricate a lie to explain the absence of Mclean's vehicle until he can obtain
it from the repo company. Mclean explains that within 30 days unidentified drug dealers are
planning to take Pellecchia "for a ride."
8. 01/19/2012 10:44/10:59/11:05/11:11- FBI Audio- Mclean discusses an arrangement he made
with a "guy" inferring a representative from Waste Management (at a dinner) to obtain a
reduced price dumpster at his business. I Mclean mentions that an investor at a previous
location is out to discredit him via derogatory mailings around election time. I Mclean discusses
financial issues at the business and travails with FPl, cable, etc. I Singh discusses enforcement
issues related to his occupational license/business tax receipts which doesn't include auto
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repair. Mclean mentions contacting Margate Economic Development Director Ben Ziska! who
would consult with Margate City Attorney Eugene Steinfeld regarding going easy on Singh.
Mclean offers to advocate for Singh with Steinfeld. The Chief of Police is mentioned by Mclean
who comments that he doesn't take the enforcement issues personally. He opines that the Chief
is simply doing his job.
9. 02/09/2012 10:59 a.m. - FBI Audio - McLean and Singh discuss a scheme regarding illegally
diverting electrical power to the Tiki Bar.
10. 02/23/2012 11:45 a.m./11:58 a.m./12:01 p.m. - FBI Audio & Video - McLean is apparently
dealing with the Clerk's Office in City Hall attempting to obtain a variance for Singh's
Autotronics. Former Commissioner Joseph Varsallone in captured on the recording. Mclean tells
Singh that his variance will be approved by Commissioners Varsallone, Frank Talerico and Pam
Donovan. However, Commissioner Le Peerman's attitude is unknown. Mclean makes
derogatory comments regarding Commissioner Le Peerman. According to the indictment, on
this date, McLean reportedly assured Singh that he would have the necessary votes on the
Margate City Commission to approve Singh's variance, even though McLean would have to
abstain from any vote.
11. 02/27/2012 11:28 a.m.- FBI Audio- Mclean tells Singh that he borrowed a transporter license
tag that was assigned to a van owned by Singh. Mclean mentions that his tag is expired and his
driver's license is suspended. He discusses the traffic stop by Wilton Manors police that resulted
in his tag seizure. Mclean mentions that he displayed his Margate Mayor's badge to the officer
that stopped him. The officer did not extend courtesy. The officer allowed McLean to call his
preferred tow company (J&J Towing). He asks Singh to allow him to continue to use the Florida
transporter tag belonging to Singh that he borrowed as a way to "get back and forth" until he
can properly register his vehicle.
12. 03/07/2012 12:15 p.m. - FBI Audio - Mclean speaks to Tony Spadaccia from Waste
Management regarding getting Singh a dumpster. Mclean makes conversation regarding
Margatenews.net.
13. 03/21/2012 1:24 p.m./1:34 p.m./1:43 p.m. - FBI Audio- Singh mentions $24k in code fines that
accrued based upon enforcement activity by Code Compliance Officer Jackie King. The fines
resulted in a lien being placed upon Singh's business. Lieutenant Joe Galaska is mentioned as
having accompanied King during a compliance inspection. The discussion centers on Singh's
center being in compliance and properly permitted ostensibly to qualify for grant funding or
loan of/for improvements. Margate Associate Planner Andrew Pinney and Ziska! are mentioned,
as is Pellecchia. Mclean mentions Diane Depaola from the Margate Building Department and his
ability to expedite the business tax receipt application for an auto repair facility. Mclean
mentions that he and Depaola will be attending a wedding in Tampa on Sunday. Singh is
recorded leaving a message for Ziskal regarding a landscaping variance. Singh and Mclean
discuss a matching CRA fac;ade grant's terms. Singh mentions giving Mclean a $1k gratuity.
McLean mentions that his Russian investors are in town. Mclean and Singh discuss a forgiveness
plan for Mclean to be absolved of owed rent money and then to convert to a weekly payment
plan to Singh.
14. 03/22/2012 4:42 p.m./4:48p.m.- FBI Audio- Mclean discusses with Singh his efforts to have
City Attorney Steinfeld reduce the fines accumulating against Singh's shopping center. Steinfeld
reportedly tells McLean to not get involved. Steinfeld reportedly offers to mitigate the fine by
$500 as is often the relief granted in these type cases. Mclean discusses that he'll attempt
further mitigation, stating "I' ll get more than that off." Mclean and Singh discuss cutting off a
meter or water lock behind the business to illegally access utilities.
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15. 04/10/2012 8:42 p.m. - FBI Audio - Heated discussion that centered around Singh telling
Mclean's bartender Tracy that Mclean has not paid rent since opening. Mclean tells Singh that
"You're going to have to go through the system (to obtain his occupational license)." And
"Everything is on hold; it's off until I get what I want." Ends on a bad note with Singh telling
Mclean that he's a piece of shit.
16. 05/04/2012 1:27 p.m./1:38 p.m. - FBI Audio & Video- Former City Manager Yolanda Rodriguez
is discussed. Mclean suggests drafting a letter on Singh's behalf to mitigate liens that are
accumulating against Singh. Mclean discusses a May 20th trip to Las Vegas for a redevelopment
conference.
17. 05/07/2012 10:37 a.m./10:45 a.m.- FBI Audio & Video- Singh and Mclean are apparently in
the City Clerk's office getting copies. Mclean shows Singh his office in city hall. Ziskal is
summoned and meets Singh and Mclean in the Commissioner's office. Ziskal is captured on
audio. Ziskal provides information related to Singh performing modifications to an enclosure on
his property that will be in compliance to zoning regulations and better situate Singh to obtain
his auto repair occupational license.
18. 05/16/2012 8:22 p.m. - FBI Audio & Video - (Recorded at Margate Commission meeting) Singh
receives approval to have his business receive a special exemption permit for auto repair. The
approval is contingent upon Singh meeting eight conditions within 180 days originally set by the
Development Review Committee (DRC) upon initial review on September 2, 2010. Mclean
abstains from the vote.
19. 05/16/2012 8:47 p.m./8:49 p.m. - FBI Audio & Video- Discussion after the commission meeting
in which Singh's business received special exemption use zoning approval.
20. 05/16/2012 10:16 p.m. - FBI Audio & Video- Singh again expresses his appreciation to Mclean
for getting his auto repair special exemption zoning variance. They discuss buying Ziskal drinks
inferring as though they have done it before. Singh credits Ziskal for being on his side. Mclean
and Singh then discuss a scheme to put in a fence according to code, then surriptiously moving
the fence after inspection to better suit their desires.
21. 05/25/2012 2:22 p.m./2:30 p.m./2:37 p.m./3:19 p.m: - FBI Audio & Video - Singh informs
Mclean that his rent for the Tiki-bar is "covered" until December 2012 in recognition of
Mclean' s efforts to have Singh' s business use rezoned. Mclean accepts $1k from Singh in
United States currency as well as a release for Dave's Tiki Bar back rent, in the form of an $8k
receipt for rent past due and owed. Mclean had not paid any rent since opening the business.
Singh disparages Code Compliance Officer Jackie King' s efforts at code enforcement that
resulted in accruing fines. Mclean again leads the conversation regarding the scheme to alter
the fence line after inspection.
22. 06/14/2012 1:13 p.m. - FBI Audio - Discussion regarding filing for CRA grant for Singh's
business. Need to obtain three estimates.
23. 07/27/2012 9:12 p.m. - FBI Audio - Mclean and Singh discuss planning the improvements
associated with the MCRA grant. They discuss issues related to having general contractors
provide estimates for the work.
24. 07/27/2012 9:25p.m. FBI Audio- Mclean discusses compelling the owner of the northern half
of Singh' s shopping center to complete improvements to both halves of the shopping center.
Mclean is heard stating "I' ll call the city and make him do it."
25. 08/08/2012 7:15 p.m.- FBI Audio -Conversation between Singh, Mclean and Karl Smith from
R&K Contractors regarding options for redoing the f ~ d e and signage on Singh' s portion of the
shopping center.
26. 08/09/2012 12:28 p.m. - FBI Audio- Mclean discusses that the GC will bill Singh double so that
he doesn't have to pay anything out of pocket and improperly inflating the grant funding.
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27. 08/30/2012 5:09 p.m. - FBI Audio- Miscellaneous largely unintelligible conversation between
Mclean and Singh regarding the shopping center improvements.
28. 09/12/2012 1:57 p.m. - FBI Audio & Video - Discussion between Mclean, Singh and Stephen
Scacco of Target General Contracting (FBI CW) .
29. 09/18/2012 3:31 p.m. - FBI Audio - Conversation related to Singh' s dumpster woes. Mclean
speaks to Tony Spadaccia from Waste Management. Disparaging conversation regarding
Pellecchia.
30. 10/04/2012 3:40 p.m. - FBI Audio- Singh and Mclean discuss upping the contractor's estimate
to $40k from $17k to fully fund the fac;ade repairs. They discuss splitting the cash difference
between the true cost of the job and what the fraudulent grant would provide. Singh celebrates
in receiving his occupational license for automobile sales.
31. 10/10/2012 5:35 p.m. - FBI Audio - Mclean conspires with Singh to rig the grant request.
Mclean places a call to General Contractor Stephen Scacco who agrees to amend the estimate
to Mclean's higher cost specs. Mclean and Singh discuss filling out the grant application and
discuss their split on the grant funding overage. Mclean urges Singh to Photoshop out some
derogatory window covering from photos that are to be included in the applicat ion. On or about
this date, Mclean filled out the MCRA grant application for Singh's shopping center by hand,
falsely increasing the amount of the construction estimate to approximately $47,705 thereby
upping the grant request to $25k. Mclean then instructed Singh to redo the application in his
own handwriting so that Margate employees would not recognize the handwriting.
l
32. 10/11/2012 12:57 p.m. - FBI Audio - Mclean and Singh opine that each is not City Manager
Jerry Blough' s "favorite person". Singh and Mclean drop off their fraudulent grant package to
Margate CRA Coordinator Rita Rodi.
33. 10/31/2012 12:17 p.m. - FBI Audio - Discussion between Singh and Mclean regarding a
discrepancy on the grant paperwork that needs to be amended prior to the CRA meeting. On or
about this date, Mclean and Singh discussed fraudulent ly increasi ng the dollar amount of the
estimate on the final application to $50k, for a grant of $25k. Singh complied.
34. 11/01/2012 6:08 p.m./6:18 p.m. - FBI Audio & Video- Singh's fraudulent grant has apparently
been approved. Mclean and Singh discuss dividing up the proceeds, including giving former
Commissioner Joe Varsallone some money. Mclean explained to Singh how while abstaining
from the actual vote on Singh's grant, he arranged the MCRA Board (City Commission) vote in
favor of the $25k grant proposal applied for by Singh.
35. 11/02/2012 4:37 p.m./4:47 p.m./6:03 p.m. - FBI Audio & Video - More discussion between
Singh and Mclean regarding the grant, project and dividing the proceeds. Mclean accepted $3k
in United States currency from Singh. This represented a portion of Mclean' s agreed upon share
of t he difference between the grant money approved ($25k) and the actual cost of the
improvements to Singh's business.
36. 01/30/2013 9:06 a.m. - FBI Audio- Discussion between Singh finalizing the construction plans
for Singh's shopping center. Mclean accepted $2k in n i ~ e d States currency from Singh, which
represented the remainder of Mclean's share of the difference between the grant money
approved and the actual cost of improvements of the MCRA approved project.
37. 01/30/2013 9:40 a.m. - FBI Audio & Video - Miscellaneous discussion between Mclean and
Singh regarding obtaining the permits from Margate' s Building Department.
March 28, 2013- Federal Indictment charges Mclean.
April 3, 2013- Mclean surrenders and is arraigned.
April 5, 2013- Mclean suspended from office by the Governor.
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September 10, 2013 - A meeting at the United States Attorney's Office is called by Assistant United
States Attorney (AUSA) Neil Karadbil. This meeting was attended by FBI SA Heath Graves. At this 10 a.m.
meeting, Karadbil informed Pellecchia that his name will likely be brought up in trial based upon covert
recordings made of Mclean. Some of the recordings detailed threats made by Mclean regarding bodily
harm to Pellecchia. According to SA Graves, Pellecchia was advised at this meeting that this information
was deemed not credible and therefore was not disseminated by the FBI to the Margate Police
Department.
September 16, 2013- Mclean's trial commences at the Federal District Court in Fort Lauderdale.
September 24, 2013 - Mclean convicted on two out of three bribery charges. Sentencing is set for
December 6, 2013.
October 22, 2013 - Sergeant McCarthy and I met with FBI Special Agents (SA) Heath Graves and Thomas
Ryan. Graves and Ryan handled the investigation which led to Mclean's indictment. Graves confirmed
the detai ls of the September 10, 2013 meeting. Graves confirmed that the FBI did not disclose threats
made against Pellecchia to the Margate Police Department.
November 27, 2013- C. Edward McGee, Mclean' s attorney argues for Mclean' s acquittal. His argument
is based upon his contention that the MCRA was not the direct recipient of Federal funds, a requisite
element to sustain a violation of 18 USC 666. Judge James Cohn agrees to take the matter under
advisement and issue a decision within seven days.
December 5, 2013 -Judge Cohn overturns Mclean's convictions on the remaining two bribery counts.
Details
Trial Monitoring and Summary
On Wednesday, September 11, 2013, Sergeant Ryan McCarthy met with City Manager Jerry Blough
regarding the monitoring of a Federal Trial, in the matter of the United States of America vs. David
Mclean (case number 13-60068-CR). Mclean is a current Margate City Commissioner who has served
continuously since 2004. Mclean was most recently re-elected on November 6, 2012. The scope of the
monitoring was to take notes, document and report any allegations of wrongdoing perpetrated by any
City of Margate Employee or Department Head, to include Manager Blough.
At the evening Margate City Commission meeting, the commission voted and requested an
administrative investigation of the Police Department and any city department as it may relate to any
wrong doing, illegal acts or cover-ups that relate to David Mclean.
On March 28, 2013, Mclean was indicted on three counts of Bribery in Programs Receiving Federal
Funds, all felony offenses under Title 18 United States Code {U.S.C.) 666.
The developments that gave rise to Mclean's indictment and arrest came as a result of a protracted FBI
undercover investigation that commenced in late 2011 and concluded in, or around January 2013.
According to the indictment, Mclean " did knowingly and corruptly solicit, demand, accept and agree to
accept" cash in exchange for influencing occupational licensing and a Margate Community
Redevelopment Association (MCRA) construction grant for FBI Cooperating Witness (CW) Lutchman
" Chris" Singh, a Margate commercial property owner. Throughout the aforementioned investigative
period, Singh owned and served as landlord for Mclean' s business, known as Dave's Tiki Bar (328 North
State Road 7) .
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Singh reportedly was motivated to become a government informant when Mclean failed to tender any
rent beginning when Mclean assumed control of the bar on, or about August 1, 2011. In lieu of rent and
as portrayed in the indictment, Mclean used his influence as a city commissioner and access to city hall
to assist in having Singh's business "Autotronics" receive an expanded zoning variance to allow
automotive repair. In addition, Mclean allegedly endeavored to obtain an inflated MCRA grant for
Singh, the proceeds of which, in excess of the actual quoted construction costs would be split between
Singh and Mclean.
City Manager Blough informed Sergeant McCarthy of the existence of speculation regarding the
possibility that David Mclean corruptively influenced members of the Margate Police Department or
other city employees in wrongful or unethical acts. Manager Blough requested that the trial be
monitored in order to identify any evidence or other lead information that may be presented and
subsequently investigated related to the instant allegations. Sergeant McCarthy was instructed to
report his findings each day of the trial to Manager Blough at the conclusion of each day of testimony.
The trial was scheduled to begin on Monday September 16, 2013 at the Federal Courthouse in the City
of Fort Lauderdale.
On Thursday, September 12, 2013, Sergeant McCarthy met with Captain Lawrence Horak of the
Admi nistrative Services Bureau regarding this assignment. During the meeting, Captain Horak provided
Sergeant McCarthy with the access to the Federal Court' s Public Access to Court Electronic Records
(PACER) website. Captain Horak advised Sergeant McCarthy that this resource may assist in daily review
of the submitted documents, pleadings, and hearing dates and times pertinent to this trial. A
preliminary hearing was scheduled for Friday September 13, 2013 at 9:30 a.m. The hearing was
reportedly for the purposes of a motion In limine
1
in the proceeding.
On Friday, September 13, 2013, Sergeant McCarthy arrived at the United States Federal Courthouse in
Fort Lauderdale at 8:30 a.m. The hearing began promptly at 9:30 a.m. Present for the matter was
suspended Commissioner David Mclean, represented by Counsel C. Edward McGee, Esquire and the
prosecuting authority for the United States, Assistant United States Attorney (AUSA), Neil Karadbil.
Special Agent (SA) Heath Graves with the Federal Bureau of Investigation (FBI), the case agent was also
present. The Honorable James I. Cohn, United States District Judge, presided.
During the motion, Counsel for the Defendant, C. Edward McGee argued to the exclusion of certain
evidence contended by the government to be {{arguably deemed appropriate" pursuant to Federal Rules
of Evidence 404(b)
2
The basis of the defense exclusion argument in part, was based upon the defense's
admitted lack of pursuit ofthe "Entrapment Defense."
The government stipulated that based upon the defense contention of not utilizing the, {{Entrapment
Defense" that they would not introduce evidence of bad personal character related to Mclean's alleged
solicitation of an FBI informant in late 2003 to early 2004 to commit an arson at the "Your Place
Lounge." No criminal charges were filed in the incident as Mclean chose to not follow through with the
arson. According to FBI sources, this information was deemed to be non-actionable intelligence and was
not shared with any other law enforcement agency at a time proximate to occurrence.
1
A motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced
at trial.
2
A hearing to determine whether character based evidence of a criminal defendant would be admissible at trial.
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In addition, the government stipulated that they would not introduce Mclean's alleged inappropriate
personal use of a City of Margate issued credit card or the disclosure of a tax warrant previously issued
against a Mclean owned business enterprise.
The remaining issues were allowed to be introduced into evidence in accordance with Federal Rule of
Evidence 404(b). The evidence at issue is outlined in the "Governmental Standing Discovery Order." It
should also be noted that trial document 32
3
associated with the case and available via the Federal
Court's Public Access to Court Electronic Records (PACER) included a variety of alleged nefarious
activities that the government claimed that Mclean engaged in. This document contained detail that
indicated Mclean had previously been the focus of an FBI investigation related to the aforementioned
arson. The hearing recessed at approximately 10:30 a.m., September 13, 2013.
On Monday, September 16, 2013, at 9:00 a.m., the trial of the United States of America vs. David
Mclean began. The proceeding commenced with the voir dire selection process involving approximately
forty potential jurors. This voir dire culminated in the selection of twelve jurors and two alternate jurors.
On this date at 2:10 p.m., AUSA Karadbil presented the governments' opening statement. During the
statement, AUSA Karadbil offered details to the court relating to Mclean's relationship with Singh. He
offered an explanation regarding Singh's role as a business owner and landlord to Mclean. He explained
how Singh ultimately agreed to lease a bar (later identified as Dave's Tiki bar) after meeting former
Margate Commissioner Joseph Varsallone.
A variety of FBI directed covert audio recordings between Mclean and Singh were played during the
trial
4
Singh was wired and acting as a cooperating witness/confidential informant at the direction of the
FBI. At various times, Mclean made reference to and was recorded conversing with a variety of City of
Margate employees who by virtue of their job descriptions would have input into the process by which
Singh sought to obtain his business tax receipt approval to allow automotive repair at Autotronics as
well as the MCRA property improvement grant.
According to the trial testimony, prior to Mclean leasing the bar, Varsallone came to Singh to have some
scratches repaired on his personal vehicle. After the repair was completed, Singh did not charge
Varsallone reportedly because Varsallone was elderly and Singh felt bad for him. According to Karadbil,
Varsallone encouraged Singh to assist Mclean in obtaining lease possession of the bar.
AUSA Karadbil described Singh's issues with a former tenant of the bar (previously known as the Beer
Garden), Meir Galan. After Galan left, Mclean reportedly visited Singh with another prospective tenant
named Francois LaBlanc. Singh reportedly agreed to rent the space to LeBlanc. However, there was an
eventual falling out between LaBlanc and Mclean. LeBlanc then reportedly left the business and Mclean
again approached Singh with another prospective renter, Kenneth Suhandron. Suhandron eventually
agreed to lease the business, but did not want to run it.
Suhandron eventually did not want anything to do with the business. In or around August 2011,
Suhandron reportedly offered the business to Mclean. Singh speculated that with Mclean running the
3
Trial Document 32, Case 0:13-cr-60068-JIC, Entered on FlSD Docket 09/09/2013 and entitled GOVERNMENT'S
SUPPLEMENTAL RESPONSE TO THE STANDING DISCOVERY ORDER.
4
It should be noted that the FBI provided transcripts of the audio and video recordings admitted at trial to
investigators subsequent to the trial.
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bar, he would likely no longer be "harassed" by Margate Code Compliance Officers as he had in the past.
Mclean renamed the establishment "Dave's Tiki Bar."
Throughout their business relationship that lasted approximately one and one-half years, Singh
reportedly never received rent by McLean. Singh reportedly gave Mclean several "3-day notices" in an
effort to obtain rent from Mclean, to no avail. As mentioned previously, Singh grew frustrated with
McLean's failure to pay rent and agreed to cooperate with the FBI by becoming an informant.
According to Karadbil, McLean reportedly assisted Singh with mitigating city imposed liens and obtaining
CRA Grant funding for commercial property improvements. McLean reportedly described Dennis Holste,
assistant director of the Margate CRA, as a "puppet."
Testimony was rendered that revealed McLean reportedly had aspirations of taking over a tattoo shop
located next to the bar. He assures Singh that he (Singh) could count on the votes of certain
commissioners in exchange for occupational license/business tax receipt enhancements and CRA grants.
Mclean is alleged to have used his access and influence to contact a registered lobbyist Tony Spadaccia
of Waste Management. At Mclean' s behest, Spadaccia reportedly assisted Singh in issues related to
dumpsters and refuse removal service arrears owed by Singh to Waste Management.
Upon the conclusion of AUSA Karadbii's opening statement, Defense Counsel C. Edward McGee offered
his statement in dissent of the claims made by the government. McGee offers that the FBI failed to
properly inform Singh how to utilize the recording devices utilized to capture much of the evidence to be
used at trial. He offered that McLean's contact with Waste Management was within his scope as a
business renter. McGee also challenged how much money was owed related to refuse removal and
exactly who the money was owed to.
After opening statements were offered, the government called its first witness. City of Margate Finance
Director Gail Gargano took the stand. Gargano offered testimony supportive of establishing venue for
the case being prosecuted in Federal Court. She testified that the City of Margate receives federal
funding. She explained that the Margate Community Redevelopment Agency (MCRA) is financially
dependent on the City of Margate and the North Broward Hospital District (both entities receive federal
funding) . Gail Gargano's testimony was relatively brief but apparently necessary to establish prosecutive
venue.
City of Margate City Clerk Leslie May was called as the government' s second witness. It appeared that
the purpose of May's testimony was to articulate the scheduling of a special city commission meeting.
The meeting was reportedly called relative to Kenneth Suhandron's efforts to obtain a liquor license for
"Dave's Tiki Bar'' . It would be subsequently alleged that Suhandron was not the actual applicant for the
license, and that the application was actually completed by Mclean for his own benefit. Further, McLean
allegedly utilized his position and influence as a city official to request the special meeting.
May offered testimony that she checked with the Mayor at the time, Pam Donovan. This was to ensure
that the meeting was necessary since it was within a week or two of a regularly scheduled City
Commission meeting. May' s staff was already preparing the agenda for the regularly scheduled meeting.
Donovan was alleged to have told May that scheduling the special meeting was permissible.
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During May' s testimony, AUSA Karadbil introduced an audio recording which depicted a Special City
Commission meeting held on August 15, 2011 for the purposes of voting on a "2COP
5
" license at "Dave's
Tiki Bar." May offered testimony regarding the voices of the Commissioners heard on the audio
recording. It should be noted that Mclean abstained from voting on approval.
Mclean's statements during this meeting would later be called into question, based upon the testimony
of Kenneth Suhandron. During the meeting, Mclean stated that he was representing the owner of the
business (Suhandron) who was unable to attend. Mclean portrayed himself as the manager of the bar.
He abstained from voting on the matter. The court recessed at the conclusion of May' s testimony.
On Tuesday, September 17, 2013, court opened with the government calling Kenneth Suhandron as the
first witness of the day. Suhandron offered testimony regarding his business relationship with Mclean.
He testified to providing money to Mclean after being asked if he wanted to be involved in a joint
business venture with Mclean. Suhandron offered testimony regarding his lack of knowledge of the
special session of the Margate City Commission called to approve 2-COP alcohol sales at "Dave's Tiki
Bar". It would later be alleged that Mclean orchestrated the commission meeting unbeknownst to
Suhandron. Suhandron was no longer involved in "Dave's Tiki Bar."
After Suhandron proffered testimony, the government called upon Dennis Holste (now former assistant
director of the MCRA). Holste testified regarding the manner in which the MCRA receives its funding. He
also proffered testimony regarding the procedures to obtain an MCRA grant. One issue that was
identified during the testimony of Holste, was that the MCRA does not involve itself with the "checking
of accuracy" of MCRA f ~ d e improvement cost estimates. This statement indicated that when the
MCRA receives a grant request that there is no formalized procedure to ensure the reliability of the
estimate submitted by the petitioner.
At the conclusion of Holste' s testimony, the government called lutchman "Chris" Singh to the stand.
During Direct Examination, Singh testified that he has been the subject of a number of law and code
enforcement actions involving the Margate Police Department. He admitted an arrest for dealing in
stolen property and failure to pay sales tax. Singh described dealings with Meir Galan, the former tenant
of the Beer Garden.
Singh testified about his meeting with Joseph Varsallone after doing work on his vehicle. According to
Singh, Varsallone stated "your buddy (Mclean) wants to rent that place (referring to the space formerly
occupied by the Beer Garden)." Singh stated that Varsallone encouraged him to rent the space to
Mclean as a way to help him out.
Testimony offered by Singh indicated that at some point in his business relationship with Mclean, code
compliance issues seemed to change for him after he and Mclean entered into a lease. Mclean
reportedly never tendered any rent or other payments to Singh. Suhandron was reportedly the only one
who allegedly contributed money to Singh for the bar. The alleged relief of code compliance attention
reportedly coincided with Mclean's involvement with the bar in late 2011.
Singh provided the necessary legal foundation for the introduction of several audio and video recordings
introduced throughout the trial. Many of the recordings were case specific. Some of the recordings
5
This alcoholic beverage vendor license is for a business that desires to sell beer and/or wine for on premi ses
consumption.
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mentioned and captured various City of Margate employees on various dates assisting Singh and
Mclean through advisement of procedural protocols for grants, licensing, and building issues. These
transcripts were provided to Sergeant McCarthy by FBI SA Thomas Ryan. They are summarized as
follows:
Government Item# 21 A (Recording) B (Transcript) January 4, 2012
During this recording, Mclean can be heard speaking to Singh about enforcement issues pertaining to
the State of Florida's Division of Alcoholic Beverages and Tobacco (ABT) and how Mclean ended up on
the ABT's "no sale" list. Mclean refers to issues with his employees and believing that ABT was tipped
off by Mitchell Pellecchia of Margatenews.net. Mclean opines that Pellecchia needs a beating. Mclean
describes Pellecchia as a "Bi-Polar alcoholic", Mclean boasts to having to get "my boy (Margate Police
Officer named) Fernandez or Hernandez on him." Mclean reportedly references Pellecchia's reputation
for driving under the influence of alcohol. Mclean claims his ability to notify a Margate Officer named
Fernandez or Hernandez to target Pellecchia. Mclean further states that on one occasion Margate
officers let Pellechia go. "I almost had him," Mclean boasts; "He was drunk as a hoot owl," according to
Mclean. He is heard stating; they (the police) allegedly "let him go." Mclean allegedly told the Police
Chief Blough of the incident. Mclean boasts that Blough responded "we'll get him. Don't worry, we'll get
him. Don't you get involved." In Mclean's final recorded words, he describes plans to pay suppliers.
Government Item# 22 A (Recording) B (Transcript)- January 9, 2012
During this recording, Mclean talks to Singh about needing $988.00 for a beer delivery. Singh makes
excuses about not having money available. Mclean mentions that a person named Jeanine is attempting
to obtain money for him because the "Mexicans" don't know how to fill out money orders. At one point
in the conversation, an allegation by Mclean regarding then Police Chief Blough allegedly "taking care"
of delinquent false alarm fee lien against Singh is discussed. The alarm lien, allegedly totaled $24,000.
Sergeant McCarthy was unable to discern who uttered the statement in the audio recording. McCarthy
believes that Singh stated "I thought you (Mclean) did that (in what appeared to reference disposal of
the lien)."
The recording contains conversations related to discussions about a police vehicle bid that Singh
mentioned to Mclean that he would like to be involved in. Mclean states to Singh that the bids are
sealed.
Mclean discusses the police department's TNT building on Banks Road where undercover operations
and equipment are stored with Singh in relation to "Joe" moving.
A review of the transcript from this date which included non-admitted audio included detail that
Mclean reportedly agreed to assist Singh (in exchange for financial considerations) with acquisition of
an auto repair facility code variance and occupational license (business tax receipt) for Singh's
Autotronics business. Further, Mclean discussed with Singh the filing of an application for the MCRA
50% matching business improvement grant. He then phoned an unidentified Margate city employee,
presumably someone on the CRA staff to have a grant application form put in Mclean's mail box at city
hall.
The trial recessed at 5:00 p.m. on September 17, 2013 and resumed on Wednesday, September 18,
2013 at 9:00 a.m. The government continued direct examination of Singh and continued the
introduction of select video and audio recordings obtained throughout the FBI investigation.
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Government Item# 24 A (Recording) B (Transcript) -January 12, 2012
This recording appeared related to the completion of an application for Singh's expanded occupational
license/business tax receipt. Mclean can be heard in the recording stating, "we'll have Ben (believed to
reference Margate Economic Development Director Ben Ziskal) go through this with us."
This recording was an edited version that began on Page 5 of the introduced transcript. There were no
additional remarkable comments heard on this recording.
A review of the transcript from this date which included audio not admitted at trial included detail that
Mclean mentions that his personal automobile was repossessed this date. Mclean indicates that he will
be without a vehicle until the following Monday. He asks Singh for a vehicle to borrow. Singh and
Mclean fabricate a lie to explain the absence of Mclean' s vehicle until he can obtain it from the repo
company. Mclean explains that within 30 days, unidentified drug dealers are planning to take
Pellecchia "for a ride."
Government Item# 25 A (Recording) B (Transcript)- January 19, 2012
This recording was related to the dumpster issue for the plaza. There were statements made relating to
contact with Tony Spadaccia of Waste Management in an effort to "wash out the bill" for refuse
collection. There were additional statements made regarding Mclean not paying his electrical bill and
cutting the safety caps and the meter to illegally obtain electrical power. There was talk about illegally
hooking up Comcast cable from a business adjacent to Dave's Tiki Bar.
In addition to the issues regarding refuse collection and theft of utilities, comments on tape were made
regarding the expanded occupational license/business tax receipt that Singh is seeking for Autotronics.
Mclean is heard stating their need to run the issue past Ziskal as well as City Attorney Steinfeld.
Mclean is heard stati ng, let me see if I can get him (it is believed that he is referring to Ben Ziskal) to
issue the occupational license without doing all of the inspections. Singh expresses to Mclean that he
has had previous negative experiences with the City Attorney.
A review of the four transcripts from this date which included audio not admitted at trial included detail
that Mclean mentions that an investor at a previous location is out to discredit him via derogatory
mailings around election time. Mclean discusses financial issues at the business and travails with FPl,
cable, etc. Singh discusses enforcement issues related to his occupational license/business tax receipts
which doesn't include auto repair. Mclean offers to advocate for Singh with Steinfeld. Chief of Police
Blough is mentioned by Mclean. Mclean comments that he doesn't take the police department's
enforcement issues personally. He opines that the Chief is simply doing his job.
Government Item 26 A (Recording) B (Transcript)- February 9, 2012
It appears that the context of this conversation is related to the electrical power being cut off at "Dave's
Tiki Bar." Mclean states to Singh, "I just want to get a couple of cords over here, so that when Jim
comes here he don't [sic] know but I got some music on." Singh questions Mclean about Jim and
Mclean responds, "Jim, fucking Corvette Jim, big mouth." Mclean tells Singh that he does not want to
close because his bartender can still sell beer. Mclean encourages Singh to have Florida Power and Light
(FPl) turn-on the power at the Tiki Bar, by telling Singh "you could call in the electric and say that your
tenant moved out and you need a landlord turn on." Singh inquires about the process and how he
would get the power in Mclean's name if he told FPl his tenant moved out. Mclean states that he
would have "go with a different name but what I'll do is say, uh I can make up a story say that he didn't
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know that I was out of, I was out of town my manager quit on me locked the doors, walked away you
know and we' re just gonna [sic] put it in the same name and I just gonna [sic] have to put a bigger
deposit on it." Mclean tells Singh that an individual named Frank is "bringing a whole bunch of
extension cords" and he tells Singh that he will run them out of the back door and tells Singh he can
"just plug me in." Singh asks Mclean about what occurs after he (Singh) leaves. Mclean replies, "we'll
worry about that later plug it in next door if I have to." The business next door is not identified in the
transcript.
This audio and video recording occurs in the City of Margate City Clerk's office inside Margate City Hall.
This video captures and Mclean turning in paperwork and discussing procedures with staff in the City
Clerk' s office regarding the zoning variance the pair is attempting to obtain for Autotronics.
A review of the transcript from this date which included audio not admitted at trial included detail that
Mclean reportedly assured Singh that he would have the necessary votes on the Margate City
Commission to approve Singh' s variance, even though Mclean would have to abstain from any vote.
This audio recording is related to Mclean removing a license tag off of a vehicle owned by Singh for
display on Mclean's personal vehicle. This was prompted by a traffic stop that occurred in the City of
Wilton Manors. The license plate on Mclean' s vehicle was seized. Mclean was stopped by what he
describes as an "undercover cop." During the traffic stop, Mclean stated that he displayed a badge and
identified himself as the Mayor of Margate. The police officer responded, "Mayor of Margate, you got
an expired tag." The Wilton Manors police officer also advised Mclean that his driver's license was
suspended. After issuing the appropriate traffic citations, the officer allowed Mclean to park his vehicle
and contact a towing company. Mclean stated that he contacted J&J Towing and had the vehicle towed
to the Tiki Bar.
It should be noted that three additional audio recording were obtained this date. The other recordings
were not admitted at trial. They are summarized in the investigative timeline and synopsis. These
recordings captured additional dialogue regarding Mclean' s efforts to achieve expanded zoning variance
for Singh.
Government Item 29 A (Recording) B (Transcript)- March 7, 2012
This audio recording is related to a phone message to Tony Spadaccia of Waste Management from
Mclean regarding alleged efforts by Singh to have his refuse removal bill paid and someone not calling
him back. There was nothing extraordinary in this transcript.
Government Item 30 A (Recording) B (Transcript)- March 21, 2012
This audio recording details a $2,400 lien on Singh based upon accrued Code Compliance f ines written
by Code Compliance Officer Jackie King related to operating without a proper occupational license.
Singh requests assistance from Mclean in a resolution (or reduction) of this lien. There is mention of
drawings, paperwork, and permits. Mclean mentions a meeting that he will have to abstain from voting
on this due to an apparent knowledge of a conflict. Mclean and Singh speak about City employees
Carlene Steadman of the City Clerk' s Office and Office Manager Diane Depaola of the Margate Building
Department. There is no inference that either of these individuals is involved in complicit activities
related to liens, permits, or any other City administrative functions.
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A landscape variance is discussed by Singh wherein he mentions that he applied for one and it was
approved. Singh asks Mclean if he needs a permit to put in trees. Mclean advises Singh that they need
to talk to Ben Ziskal. The scheme relating to overinflated construction estimates to pad MCRA grants is
discussed by both Mclean and Singh.
A review of the three transcripts from this date which included audio not admitted at trial included
detail that Lieutenant Joe Galaska, Supervisor of the Code Compliance Unit is mentioned as having
accompanied King during a compliance inspection. The discussion centers on Singh's commercial center
being in compliance with code and properly permitted, ostensibly to qualify for grant funding or loan
of/for improvements. Associate City Planner Andrew Pinney as well as Ziska I are mentioned.
Mclean mentions Depaola. He boasts of his ability to expedite the business tax receipt application
process for an auto repair facility at Autotronics. Mclean mentions that he and Depaola will be
attending a wedding in Tampa on Sunday.
Singh is recorded leaving a message for Ziskal regarding a landscaping variance. Singh and Mclean
discuss a matching CRA f ~ d e grant's terms. Singh mentions giving Mclean a $1k gratuity if the
variances are approved. Mclean mentions that Russian investors are in town.
Government Item 31 A (Recording) 8 (Transcript)- March 22, 2012
This audio recording mentions Mclean speaking to City Attorney Steinfeld on Singh's behalf regarding
his practice of "working with people" (believed to be inferring a reduction in fines). Steinfeld advises
Mclean that based upon the landlord/tenant relationship between Singh and Mclean that Mclean
should " not be getting involved in this." Steinfeld states that he can "knock off five hundred bucks."
Mclean expresses that he would like more money knocked off and Steinfeld responds by stating that his
secretary Nancy Popick will be in the following week and they can determine the amount of fines upon
her return. Mclean assures Singh that he can get more (money) reduced from the fine amount.
A review of the two transcripts from recordings on this date which included audio not admitted at trial
included detail that Steinfeld reportedly offered to mitigate the fine by $500 as is often the relief
commonly granted in these type cases. Mclean and Singh are recorded discussing cutting off a water
meter or water lock behind the Tiki Bar to illegally access utilities.
Trial Recessed at 1200 Hrs. this day. Trial resumed at 0900 Hrs. on September 19, 2013
Government Item 32 A {Recording) 8 (Transcript)- April10, 2012
This recording between Mclean and Singh alleges that Singh stated to a bartender that Mclean was not
getting the tattoo shop next door, and that he (Singh) believed that the Russian investors were not
coming through. Mclean repeatedly expresses his displeasure with comments allegedly made by Singh
to the bartender related to a proposed business expansion of Dave's Tiki Bar or Mclean' s lack of
financial backing.
A review of the transcript from the recording on this date which included audio not admitted at trial
included detail that the heated discussion that was heard at trial and mentioned above. The argument
centered around Singh telling Mclean' s bartender Tracy (lNU) that Mclean had not paid rent since
opening. Upon learning of this conversation, an enraged Mclean tells Singh that "You're going to have
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to go through the system (to obtain his occupational license)." And "Everything is on hold; it's off until I
get what I want." The argument ends on a bad note with Singh telling Mclean that he's a "piece of shit."
Government Item 33 A (Recording) B (Transcript)- May 4, 2012
Mclean discusses the verbiage of a letter with Singh. The letter is related to consideration of a reduction
in fines for the liens discussed in Government Item 31 A. Mclean and Singh talk about who the letter
would be provided to. Mclean offers that the letter would go to then City Manager, Yolanda Rodriguez.
Rodriguez would then provide the letter to the City Attorney. There is discussion regarding a fence at
the rear of Singh's commercial property. Mclean explains to Singh that he and Ziskal are going to Las
Vegas on May 20, 2012 along with Commissioner Peerman and Dennis Holste for a conference related
to the redevelopment of downtown Margate.
There are no other revelations or information on the transcripts from the two audio recordings obtained
on this date that were not entered as trial testimonial evidence.
This audio/video transcript memorialized a meeting with Ziskal, Mclean, and Singh, apparently inside a
Margate City Hall office. Prior to the meeting, Mclean and Singh meet with City Clerk Office Specialist Ill
Carlene Steadman. The meeting pertains to making copies of an unidentified document. After the
meeting, Ziskal is called into Mclean's office in City Hall.
During this meeting, references are made by Mclean and Singh about changing Singh's zoning
classification with the City. There are some discussions about the outstanding fines that Singh owes for
code issues. Ziskal states to Mclean and Singh that he will look into the fines. Mclean states that Singh
is going to write a letter to the City Manager and see if some of the fines can be reduced. Mclean speaks
to Ziska! regarding a fence that apparently will encroach on a City of Margate owned easement. Ziskal
informs both Mclean and Singh that the fence cannot be installed in the manner they propose.
A review of the transcript from the two recordings on this date which included audio not admitted at
trial included detail that Ziska! provided lawful information related to Singh performing required
modifications to the aforementioned fenced enclosure on his property that will result in compliance to
zoning regulations and better situate Singh to obtain his auto repair occupational license.
*Note- Government Items 35 A, 35 B, 36, and 37 are related to City of Margate Commission meeting
a copy of City of Margate Resolution 12-127
6
, and a City of Margate occupational license (Business Tax
Receipt for Autotronics).
Government Item 38 A (Recording) B (Transcript)- May 16, 2012; 8:22 pm
This audio/video transcript is of the City of Margate Commission Meeting on the captioned date. This
meeting appears to be regarding granting Singh his special exception use to permit him to operate an
auto repair business. After questioning by Commissioners and the reading of eight compliance
stipulations by Ziska I, the motion to approve the license was granted.
A total of four separate recordings were obtained on this date. All are listed and summarized on the
investigative timeline and synopsis. The second and third recordings (recorded at 8:47 and 8:49 p.m.
6
A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING A SPECIAL EXCEPTION USE TO PERMIT AN
AUTOMOBILE REPAIR SHOP WITHIN A LIBERAL BUSINESS B-3 DISTRICT FOR AUTOTRONICS.
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respectively) did not reveal any substantial information. The captured dialogue dealt with general
discussion from Singh regarding his successful receipt of the aforementioned special exception use
zoning variance.
A review of the transcript from the first recording {Item 38A/B) obtained on this date, which included
audio not admitted at trial included detail that Singh's final approval is contingent upon a requirement
that he comply with eight conditions within 180 days originally set by the City of Margate Development
Review Committee (DRC) upon their initial review which occurred on September 2, 2010. Mclean
abstained from the vote.
Government Item 39 A (Recording) B (Transcript)- May 16, 2012; 10:16 p.m.
This audio and video recording occurs at the Mugshots bar adjacent to City Hall subsequent to the
commission meeting. Mclean and Singh discuss the events at the commission meeting. Singh is grateful
to Mclean for his perceived assistance in the approval. There is some discussion relating to individuals in
attendance at the commission meeting. Mclean and Singh discuss improving the existing building by
adding an upstairs and showroom to Autotronics. They discuss the improvements that are going to be
made by the addition of the fence, hedges. Mclean recommends that the aforementioned fence be
added contrary to Ziskal's instructions. He tells Singh that they can cut the poles off of the fence and
extend the fence onto the city easement after Ziska I performs a final inspection.
A review of the transcript from the last recording obtained on this date which included audio not
admitted at trial included detail that Singh and Mclean discuss buying Ziskal drinks (inferring as though
they have done it before). Singh credits Ziskal for being on his side. Mclean and Singh then provide
additional detail regarding their scheme to put in a fence according to code, then surriptiously moving
the fence after inspection to better suit their desires.
This audio and video recording captures an FBI controlled payment of $2,500.00 from Singh to Mclean.
Singh infers that the reason for the payment was for assistance Mclean provided in getting Singh his
license and the belief that he (Singh) would no longer be fined by Code Enforcement since he now has
his special exception use approved. After receiving the $2,500, Mclean asked Singh if he is wired and
Singh denied it. Singh disparages Code Compliance Officer Jackie King because she initiated a code
violation that resulted in a f ine of a $100 per day which accrued to $2,400. There are no additional
remarkable recorded statements made at trial.
A review of the four transcripts from recordings on this date which included audio not admitted at trial
included detail that Singh informed Mclean that the rent for the Tiki-bar is "covered" until December
2012 in recognition of Mclean's efforts to have Singh's business use rezoned. Mclean accepts cash from
Singh as well as a release for Dave's Tiki Bar back rent, in the form of an $8k receipt for rent past due
and owed. Mclean had not paid any rent since opening the business. Mclean again leads the
conversation regarding the scheme to alter the fence line after inspection.
*Note - Government Item 41 is a copy of a receipt for an $8,000 rent payment that Singh gave
Mclean for rent funds officially reported, but never received.
PIS
Government Item 42 A (Recording) B (Transcript)- June 14, 2012
This audio recording between Singh and McLean is related to a need to obtain three construction
estimates in order to apply for the MCRA construction grants. There are no additional remarkable
recorded statements made at trial.
Government Item 43/44 A (Recording) B (Transcript)- July 27, 2012; 9:12pm; 9:25pm
These audio transcripts between Singh and McLean are related to obtaining estimates from a General
Contractor named "Steve" (LNU) from R & K Construction. Singh states the city allows an applicant to do
a $25,000 improvement for personal use. Singh believes that this money is for commercial
improvements. Mclean informs him that this money is for residential use. Most of the transcripts
associated with these Items are related to business improvements and signage. There are no additional
remarkable recorded statements made at trial.
admitted at trial included detail that McLean discusses compelling the owner of the northern half of
Singh's shopping center to complete improvements to both halves of the shopping center. Mclean is
heard stating "I'll call the city and make him do it."
Government Item 45 A (Recording) B (Transcript)- August 8, 2012
This audio transcript is between McLean, Singh, and Karl Smith (Contractor from R & K). Smith provides
his background to Mclean and Singh. This transcript is strictly related to improvements and a fa<;ade.
Mclean talks about his vision for the property. McLean discusses obtaining three competitive bids with
Smith so that "it's legal." Mclean talks about working on a drawing with Depaola.
admitted at trial included detail that Singh's portion ofthe shopping center is estimated to cost $17k.
This audio transcript is of Mclean and Singh discussing a conversation with an unidentified person.
McLean asked Singh if he remembered the drawings and states that he (Mclean) is going to see
Depaola. There is mention of being billed double, believed to be referencing doubling the estimate for
the fa<;ade improvements. Mclean agrees with the inflated billing so (we) "don't have to pay no money
out of pocket."
This transcript is very brief and offered no further remarkable statements.
This audio transcript memorializes a conversation between Singh and McLean. They are heard talking
about what is believed to be a conversation that Singh had with a contractor. Singh discusses paperwork
and money up front. Mclean asks Singh if the unidentified person understands what they want him to
do. Singh offers that he does and Mclean says "money." It was inferred that the conversation is related
to an overinflated estimate so that Mclean and Singh may financially benefit from the CRA grant.
McLean discusses upgrades that Singh has completed on his business thus far. Singh explains that all the
modifications have been completed under a permit. There were no additional remarkable statements
on this transcript.
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Government Item 48 A (Video/Audio Recording) B (Transcript)- September 12, 2012
This transcript depicts a meeting between McLean, Singh, and FBI Cooperating Witness Stephen Scacco
of Target General Contracting. Scacco, according to his own testimony, is a Florida Licensed Contractor.
McLean explains to Scacco his position with the city (Vice Mayor) and discusses his background. McLean
talks about an upcoming election and states that he has accomplished more in his ten years in office
then the other commissioners have done in 30 years.
Singh could be heard having a conversation with an unidentified male in the background. The
conversation appears to be related to his business. McLean asks Scacco about the improvements to
Singh's business and he (Scacco) appears disinterested, stating that the job has a low profit margin for
him. Scacco explains to McLean that he is interested in jobs $200,000 and under. There were no
additional remarkable statements on this transcript.
Government Item 50 A (Recording) B (Transcript)- September 18, 2012
This transcript depicts Mclean and Singh discussing refuse removal bills from Waste Management.
McLean contacts Tony Spadaccia by phone and requests to meet him. McLean tells Singh that he is
going to meet Spadaccia and advises him that if Code Enforcement comes to tell them that the
dumpster is full of scum, and Waste Management is going to replace it. McLean advises Singh that he
will have it all worked out that day.
included detail in which McLean makes disparaging comments regarding Pellecchia.
Government Item 52 A (Recording) B (Transcript)- October 4, 2012
This transcript memorializes a meeting between Singh and McLean discussing the intricacies of the CRA
Grant. Singh goes over figures with McLean as it relates to how much money he should request and
what his profit would be. Singh states there would be $3,000 in excess that both could "split" between
them if they inflate the estimate.
included detail in which Singh and McLean discuss upping the contractor's construction estimate to $40k
from $17k to fully fund the fac;ade repairs with no out of pocket expense. They discuss splitting the cash
difference between the true cost of the job and what the fraudulent grant would provide. Singh
celebrates in receiving his occupational license for automobile sales.
Government Item 53A (Recording) B (Transcript) - October 10, 2012
This audio transcript between Singh and McLean is again referring to the scheme related to the CRA
grant. During this recording, Singh contacts a male who he portrays to be Scacco and requests that he
email an inflated estimate. McLean is aware of the call and asks Singh if Scacco is going to send it.
The majority of the conversation is related to Singh filling out what appears to be the MCRA grant
paperwork while seeking McLean's input. Singh again discusses a profit from the MCRA grant for both
he and McLean while completing the CRA paperwork. This statement was supportive that McLean had
knowledge that a fraudulent, overinflated estimate was going to be submitted in an effort to obtain a
CRA grant.
included detail in which McLean and Singh discuss filling out the grant application and discuss their split
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on the grant overage. Mclean urges Singh to Photoshop out some derogatory window covering from
photos that are to be included in the application. On or about this date, Mclean filled out the MCRA
grant application for Singh's shopping center by hand, falsely increasing the amount of the construction
estimate to approximately $47,705 thereby upping the match portion of the grant request to $2Sk.
Mclean then instructed Singh to redo the application in his own handwriting so that Margate employees
would not recognize the handwriting.
This audio recording between Singh and Mclean memorializes the submission of documents related to
the CRA grant. The initial portion of the audio discusses who is in charge of the CRA. Mclean informs
Singh that City Manager Blough is the Director. Singh expresses that the he is not the City Manager's
favorite person. Mclean states, "Yeah, fuck him. I' m not his favorite person. Right now he's giving me
the cold shoulder." Mclean explains how the vote for the grant is going to occur and that three votes
are needed. Mclean mentions Joe (Varsallone), Pam (Donovan), and Talerico. Singh asks Mclean, "those
are our people?" Mclean responds; "yeah." Mclean expresses his displeasure with Commissioner lesa
Peerman for putting an election sign of another candidate in her yard.
The latter portion of this transcript captures the meeting with Margate CRA Coordinator Rita Rodi at the
CRA. Rita asks both Singh and Mclean how she can help them then recognizes that they have brought
her, " information." Rita appears to go through documentation with Singh and Mclean. She questions
whether they have a drawing of the proposed changes and Mclean responds, "Not yet." Mclean tells
Rita that they would like to get this (CRA Application) on the agenda. Rita responds by stating that the
meeting may get delayed. There were no additional remarkable comments on this recording.
This audio transcript of Mclean and Singh captures a discussion relating to errors that were made on the
CRA Grant documents. Singh's math was not correct on the documents and the address listed on the
application did not correlate to the Broward County Property Appraiser. Mclean encourages Singh to go
to Rodi, obtain the documents, and correct the errors as soon as possible. Singh ends the conversation
by stating he is leaving (presumably to fix the documents).
included detail in which Mclean and Singh discussed fraudulently increasing the dollar amount of the
estimate on the final application to $SDk, for a grant match of $25k which will result in unencumbered
$8k for them to split. Singh complied in boosting the requested amount. There were no additional
remarkable comments on this recording.
Government Item 56 A (Video/ Audio Recording) B (Transcript)- November 1, 2012
This audio/video transcri pt memorialized a conversation between Singh and Mclean related to the
approval of the CRA Grant that appeared to have occurred just prior to this recording. Mclean explained
the procedure of the meeting and how he had to abstain from the vote. Because no other commissioner
was able to second the motion, Mclean took the gavel thereby running the meeting and orchestrating
the vote. Singh explains that he has to go to the bank and obtain some money to move forward with the
grant. Singh asks Mclean if he should give Commissioner Joe Varsallone "something." Mclean tells Singh
it is up to him and if he does it to make sure he does it without anyone knowing.
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A review of the two transcripts from the recording on this date which included audio not admitted at
trial included detail Mclean and Singh discuss dividing up the ill-gotten proceeds, including giving former
Commissioner Joe Varsallone some unsolicited money as a tribute.
Government Item 57 A (Video/Audio Recording) 578 (Transcript)- November 2, 2012
This transcript begins with Mclean and Singh going over monetary figures related to the construction
and reimbursement of the grant. Mclean states to Singh, "Don't let them (city) track it so quick." It is
believed this statement relates to Singh's push to utilize the funds right away so they can profit. Singh
continues the conversation with Mclean by discussing ways to minimize his cash outlay for any
construction by having a friend do some of the work.
This recording captures an additional payoff to Mclean of $3k which took place in a parking lot on
University Drive in the City of Coral Springs. Singh explains to Mclean that he will owe him an additional
$2k. Mclean seems surprised by the offering. Mclean is overheard saying "What, what's that? I didn't
expect that." Singh explains to Mclean that he told him they would split the money. Mclean states to
Singh that he didn't expect money because he owes Singh back rent.
At the end of the transcript, Singh asks Mclean about Commissioner Joe Varsallone coming around on
weekends. Mclean offers to call Varsallone for coffee. Singh tells Mclean to call Varsallone so he can
give him "five bucks" (believed to refer to $500.00). There is no audio or other evidence to indicate that
this occurred. Singh makes the statement that Varsallone made it seem like he was neutral. Mclean
states that when "he (Varsallone) tells me that he needs, you know he needed ... cover this, cover that, I
gotcha." Singh responds by stating "one hand don't clap ... If you, if you cover him, he's gonna cover
you ... " There were no additional remarkable comments on this recording.
Government Item's 60/61A (Recording) B (Transcript)- January 30, 2013
This recording between Singh and Mclean discusses permit fees, drawings, and needing to speak with
Depaola. Singh discusses when the f ~ d e work will be starting with Mclean. Mclean offers to contact
Depaola on behalf of Singh and to let her know that he would be coming by the Building Department.
Mclean talks about staying behind the scenes at a city meeting that is occurring this night. He
references that the City Manager is injured and that the City Attorney is filling in. He tells Singh that he
(Singh) has too much invested, so Mclean is going to stay behind the scenes. Singh asks Mclean if he
can talk to Talerico and "these" guys and tell them that. Mclean responds, "oh yeah, yeah, yeah." Singh:
"This is what I want done." Mclean: "Oh yeah, yeah, yeah, yeah on the QT, yes, yes.
There were no additional remarkable comments on this recording.
The audio/video transcript continues at 9:40am
This conversation between Singh and Mclean memorializes a telephone conversation with Depaola and
Mclean explaining that they (Mclean and Singh) are bringing building permit applications to the
Building Department. Mclean asks Depaola if there is any chance that they could "push" the permits out
tomorrow. Singh requests that Mclean inquire with Depaola about a failed fire/electrical inspection at
the Lucky City (Peppertree Plaza). Mclean requests an extension. Mclean tells Singh that the violation is
not in Depaola's computer. Mclean recommends that Singh contact a fire inspector named Kevin
Wilson.
P19
This transcript memorializes the final $2k payment to Mclean, which he accepts. There are no additional
remarkable statements in these final transcripts.
Upon the conclusion of the prosecution' s presentation of the aforementioned audio and video
transcripts, Mclean' s Defense Counsel, C. Edward McGee began his cross examination of Singh. During
said examination, McGee questioned Singh's motivation for becoming an informant with the FBI. McGee
questioned the manner in which Singh drafted 3-day notices to Mclean and he questioned whether or
not Singh was ever required to actually obtain the occupational licensure for Automotive Repair.
McGee questioned Singh regarding his statements during a meeting for a modification to his
occupational license/business tax receipt. Singh testified that the FBI instructed him to lie during the
aforementioned Special City Commission meeting to obtain his special exception permit. This statement
would later be contradicted, as the FBI Case Agent later testified that lying under oath was never part of
their instruction to Singh.
Singh was questioned about a $24,000 alarm lien that then Police Chief Blough allegedly "took care of."
McGee asked Singh if he could produce receipts showing that the alarm fines had been reduced or
eliminated. Singh testified that he paid a $250.00 administrative fee and the lien was dismissed.
McGee challenged Singh on the utilization of the various recording equipment utilized throughout the
course of the investigation. McGee questioned Singh about Mclean having an expectation of being paid
by Singh for anything. Singh countered by alleging that the two spoke about it. McGee questioned Singh
about Mclean's numerous offers to help Singh maintain the common areas in the plaza, focusing on
Mclean' s offer to seal the parking lot and paint as a way to make up for unpaid rent.
At the conclusion of the cross-examination, AUSA Karadbil conducted a re-direct examination of Singh in
an effort to clarify statements made by Singh.
The trial concluded after testimony from FBI Cooperating Witness Steve Scacco. His testimony was
relevant to the introduction of construction estimates that were drafted at the request of SA Heath
Graves. The estimates (1 legitimate and 1 overinflated) were utilized as part of the evidence into the
Bribery Charges against Mclean.
On Monday September 23, 2013 at 9:00 a.m. the trial resumed.
Margate City Planner Ben Ziskal was called to the stand. Ziskal's testimony clarified that a Business Tax
Receipt and occupational license are one in the same. Ziskal was questioned about the meeting
captured in the aforementioned audio recordings with Mclean and Singh and offered that
Commissioners have not brought any business owner to him in the past. He testified that he personally
inspected the Autotronics Property to ensure conditions established by the Development Review
Committee (DRC) were being met.
Ziskal' s testimony was relatively brief. It appeared that his interactions were lawful and consistent with
the procedures set forth by the City of Margate.
The next witness was FBI SA Heath Graves. He is the Bureau's Case Agent in the Mclean investigation.
SA Graves offered testimony regarding the Bureau' s notification by Singh's Attorney, Bradford Cohen of
Singh allegedly being extorted by a public official. Graves testified that Singh was on probation at the
P20
time of the contact. The FBI had to get permission from Singh's Probation Officer to utilize him as an
informant.
SA Graves testified that approximately 400 audio and/or video recordings
7
were made during this
investigation. He clarified that the recordings presented at trial ranged in the 150-200 range consisting
of approximately 50 hours of audio and/or video recording. Graves offered testimony that after the
improper payments were received by Mclean, the FBI eventually brought him in for questioning.
SA Graves testified that Mclean allegedly told the FBI that he was having financial problems. He also
admitted to talking to Ziskal and Diane Depaola about Singh's situation, however qualified by stating,
"they were both doing their jobs." According to Graves, Mclean told Singh that he could not pay off
Varsallone because the now retired commissioner would never take the money. Mclean reportedly told
the FBI that Tony Spadaccia from Waste Management never did anything for him. Mclean also admitted
to taking the money from Singh to " help him out."
McGee's cross examination of Graves focused on the non-recorded interview of Mclean. McGee
challenged the propriety of not recording interviews with subjects of an investigation. At the conclusion
of SA Graves testimony, the Government rested its case. A Rule 29
8
Hearing was heard by Judge Cohn to
determine if the Government had met its burden of proof in establishing whether or not the case should
continue based upon the sufficiency of the evidence presented. In spite of the defense counsel arguing
about why the case should be dismissed, the judge ruled that the case should continue and be decided
by the jury.
The following day, September 24, 2013 at 9:00 a.m., after the defense rested, closing arguments
commenced. AUSA Karadbil offered a recap of the proceedings, outlining payoffs to Mclean for
assistance in how to receive CRA grants and dismissal of fines. McGee countered stating that the
government did not meet its burden and argued that the MCRA does not receive direct federal funding.
At the conclusion of closing arguments, and after the jury received its instruction by Judge Cohn, the jury
received the case for deliberation. A question was posed by the jury at approximately 3:00 PM relating
to the issue of federal funding. The judge provided a written response after consulting with AUSA
Karadbil and McGee.
At 5:00 pm, as the judge was preparing to recess for the day, the jury returned the following verdict;
As to Count 1 (Bribery in Programs Receiving Federal Funds, 18 U.S.C. 666)- Not Guilty
As to Count 2 (Bribery in Programs Receiving Federal Funds, 18 U.S.C. 666)- Guilty
As to Count 3 (Bribery in Programs Receiving Federal Funds, 18 U.S.C. 666)- Guilty
7
The transcripts identified in this document represent the totality of transcripts provided to Margate invest igators
by the FBI which does not include all the audio/video recordings obtained by the Bureau during the course of their
investigation. According to SA Thomas Ryan, the remaining recordings were deemed not pertinent or consisted of
test or inadvertent recordings.
8
Motion for a judgment of acquittal based upon insufficient evidence to sustain a conviction.
P21
Following the verdict, the jury was polled and all unanimously agreed to the findings. A sentencing date
was set for December 6, 2013 at 10:00 am. Mclean's attorney C. Edward McGee Jr. filed an immediate
appeal after the verdicts were rendered. Mclean's sentencing was subsequently rescheduled for
December 19, 2013 based upon a motion for acquittal hearing that was scheduled to be held on
November 27, 2013.
At the conclusion of the trial, Sergeant McCarthy met with City Manager Blough on September 26, 2013
to report his findings based upon the trial monitoring. Sergeant McCarthy advised the City Manager that
there did not appear to be any indications of improper or unlawful conduct on the part of city
employees based upon the evidence that was admitted during the trial.
On Tuesday, October 22, 2013, Sergeant Ryan McCarthy and I met with Federal Bureau of Investigation
{FBI} Special Agents (SA} Heath Graves and Tom Ryan at the Margate Police Department. The meeting
was in response to the administrative investigation directed by the City Manager pursuant to the
recently concluded Federal criminal trial of suspended Margate Commissioner David Mclean which was
under appeal.
As indicated by Sergeant McCarthy's trial monitoring and analysis, no details were rendered during the
trial that directly implicated any Margate city or police employees in illegal or unethical activity. It
should also be noted that during the aforementioned October 22, 2013 meeting, SAs Graves and Ryan
reported that no other City of Margate employees were complicit in Mclean's criminal activity.
During the aforementioned October 22, 2013 meeting with SAs Graves and Ryan, we were additionally
informed that Margatenews.net web publisher Pellecchia (accompanied by Sabrina Segal} was
summoned to the United States Attorney's Office on Tuesday, September 10, 2013 by Assistant United
States Attorney (AUSA} Neil Karadbil. As mentioned, AUSA Karadbil was the trial prosecutor in the case
United States v. Mclean.
According to SA Graves, AUSA Karadbil requested the meeting in order to inform them that Pellecchia's
name would likely be mentioned during the playing of the surreptitious audio recordings obtained
during the Mclean investigation. In addition, Pellecchia was informed that he could be called as a
witness. In particular, AUSA Karadbil reportedly informed Pellecchia that Mclean would be heard in a
number of recordings making or implying threats toward Pellecchia.
SA Graves informed me that at the time that the threats were uttered and captured on audio in the
recent investigation that gave rise to Mclean's indictment, the FBI did not perceive the threats to be
credible. The agents did not perceive a clear and present duty to warn Pellecchia. In addition, neither
Pellecchia nor the Margate Police Department were notified regarding the threats at the time that they
were uttered based upon a number of overarching factors including their lack of credibility, the impact
of disclosure upon the investigation's integrity as well as Bureau discretion.
SA Graves reinforced his opinion, based upon his knowledge as the case agent (lead investigator} that no
City of Margate employee had engaged in illegal activity or otherwise knowingly conspired to assist
Mclean in any of the criminal acts that led to his indictment. SA Graves stated with confidence that
Mclean acted independently in his illegal activity.
It should be noted that almost immediately subsequent to the aforementioned September 10, 2013
meeting with AUSA Karadbil, Pellecchia and Segal posted an article on their website titled "Integrity of
P22
Margate Police may come into question at McLean Trial." The article reported: "According to the FBI,
Morgote Police were aware of threats (made against Pellecchia), yet the reporter was never notified.
McLean may also have asked police to trail the reporter and, at the behest of the two-term
commissioner, harass the reporter."
SA Graves informed me that Pellecchia was never told anything consistent with what he reported in
Ma rgatenews.net.
The following day, during the September 11, 2013 city commission meeting, Vice-Mayor le Peerman
called for an investigation into the Police Department based upon "things that (she) heard at different
times in the past." No specific allegations or complicit city employees were identified at the commission
meeting. An excerpt of Vice-Mayor Peerman's commentary at the meeting:
PEERMAN: ... MAYOR, COMMISSIONERS, CITY MANAGER, CITY A TTORNEY ... I WANT TO TALK TO YOU ALL
ABOUT SOMETHING EXTREMELY IMPORTANT RIGHT NOW. UH, STARTING ON MONDAY, THERE'S
GOING TO BE A FEDERAL COURT CASE FOR EX-COMMISSIONER DAVID MCLEAN. UH, IN THAT COURT
CASE A NUMBER OF THINGS HAVE ALREADY STARTED COMING OUT, THAT I'M SURE ALL OF YOU ARE
ALREADY AWARE OF. UM, A LOT OF THINGS WE DON' T HAVE ANY POWER OVER. UH, WHAT HE DID OR
DIDN'T DO, ALLEGEDLY, WITH A UH, COMPANY THAT DID BUSINESS WITH THE CITY IS SOMETHING THE
FED'S WILL HAVE TO LOOK INTO; AND I MAY BE LOOKING INTO. HOWEVER UM, THERE'S SOMETHING
THAT, THAT.../ WAS A, AS A. .. I'VE ONLY STUTTERED LIKE THIS, ONE OTHER TIME. UM, I WAS AN ELECTED
OFFICIAL. I WAS THE PERSON. AND WE AS ACTUALLY, WE AS THE PEOPLE WHO ARE THE PEOPLE THAT
ARE REPRESENTING THE PEOPLE OUT THERE. AND IT'S OUR RESPONSIBILITY THAT THEIR TRUST IN THE
CITY AND ALL OF OUR DEPARTMENTS SHOULD BE UM, RESPECTED. I DON'T KNOW IF WHAT IS GOING
TO COME OUT OR HAS COME OUT IS TRUE OR NOT. BUT I DO BELIEVE THAT OUR RESIDENTS DESERVE
TO HAVE AN ANSWER; AND I BELIEVE THAT WE ARE THE PEOPLE THAT SHOULD BE ASKING FOR THIS
ANSWER. SO I'D LIKE TO ... MAKE A MOTION, BASED ON OUR CHARTER'S ABILITY OF UH, CHARTER 3.15
TO REQUEST AN INVESTIGATION OF ANY DEPARTMENT WITHIN THE CITY. I WOULD LIKE TO REQUEST A
VOTE TO HAVE AN INVESTIGATION OF OUR POLICE DEPARTMENT. I DON' T KNOW IF THE POLICE
DEPARTMENT DID ANYTHING WRONG WHERE IT CONCERNS COMMISSIONER MCLEAN OR NOT, BUT I
KNOW THAT THE PEOPLE ARE GOING TO BE WONDERING; AND IF WE DON' T ... IF ... AM I STILL LEGAL?
STEINFELD (City Attorney): YES.
PEERMAN: OKAY. (UNINTELLIGIBLE). IF WE DON'T UH, IF WE AS COMMISSIONERS DON' T SET THE
PRECEDENT THAT, IT'S OUR RESPONSIBILITY TO FIND OUT. THEN THE RESIDENTS WON'T HAVE ANY
TRUST IN US AS COMMISSIONERS. UM, SO I, I WOULD LIKE TO ASK FOR AN INVESTIGATION OF THE
POLICE DEPARTMENT. I'M GOING TO TRY TO BE AS SPECIFIC AS POSSIBLE IN REFERENCE TO UH, THE
POSSIBILITY OF ANY UH, WRONG-DOINGS, ILLEGAL ACTS, COVER-UPS. UH, ANY OTHER WORDS I CAN
THINK OF IN THE NEXT FOUR SECONDS. UM, THAT WOULD RELATE TO UH, EX-COMMISSIONER DAVID
MCLEAN FROM THE YEAR 2004 TO THE YEAR 2013. UM, BEFORE I WAS ELECTED I'VE HEARD A NUMBER
OF RUMORS. AFTER I WAS ELECTED I'VE HEARD A NUMBER OF RUMORS; AND I WOULD LIKE FOR ONCE
AND FOR ALL, FOR THE RUMORS TO BE UH, TO BE PUT TO REST. I THINK THAT WE OWE THIS TO OUR
RESIDENTS TO BUILD THEIR TRUST BACK.
On October 9, 2013, Captain Lawrence Horak took a sworn, audio recorded statement from (then)
Margate Vice-Mayor le Peerman. The purpose of the statement was to define the allegations against
Margate Police Officers that Vice-Mayor Peerman referred to during the September 11, 2013 city
P23
commission meeting. Peerman's aforementioned commentary at the meeting served as the driving
force that served to predicate the investigation.
At interview, Peerman testified that Sabrina Segal informed her via telephone of the meeting that she
and Pellecchia had at the United States Attorney's Office. Peerman reported that Segal reportedly told
her that some Margate Police Officers names were going to be heard in audio recordings that were to
be admitted at the trial. In addition, Peerman stated that Segal informed her that Mclean reportedly
was recorded uttering threats against Pellecchia. These threats would also apparently be heard at trial.
Peerman testified that Segal's call, coupled with the aforementioned September 10, 2013 "Integrity of
Margate Police" article caused the disclosure to, in her opinion become a "public issue." Consequently,
on September 11, 2013, Peerman reportedly decided to, as a public official, request the investigation as
a "way to get us ahead of the eight ball" concerning Mclean.
At interview, Captain Horak asked Peerman to identify specific allegations that she had first-hand
knowledge of related to Mclean exploiting and/or influencing his interaction with the police or other
Margate departments. First, Peerman testified that she heard that Mclean had been involved in a
suspicious car crash, possibly in 2010. The inference was that the police department took no action.
Specifically, at interview, Peerman testified (Statement of Le Peerman, page five):
Peerman: I, I HEARD ABOUT AN ACCIDENT. A CAR ACCIDENT, A DUI (Driving under the Influence)
ACTUALLY. I BELIEVE IT WAS ON ROYAL PALM.
Q. DO YOU REMEMBER THE DATE OR THE TIME FRAME?
Peerman: I HAVE NO IDEA, BUT I THINK IT WAS IN 2010.
Q. OKAY.
Peerman: UH, I HEARD THERE WAS AN ACCIDENT. THAT UH, DAVID WAS DRIVING A CITY CAR, BECAUSE
HIS CAR WAS WRECKED. J & J TOWING GOT CALLED TO PICK UP HIS CAR; AND THERE WAS NOTHING
REPORTED. THERE WAS NO POLICE REPORT. THERE WAS NO DUI OR ANYTHING LIKE THAT.
Q. AGAIN, I GUESS THE SUSPICION HERE IS THE ... INFORMATION WAS IT THAT DAVID MCLEAN WAS
UNDER THE INFLUENCE?
Peerman: YES.
In addition to the crash allegation, Peerman testified that she drew an adverse inference from the police
department's lack of enforcement activity regarding Mclean displaying an expired tag on his personal
car. Details from her statement (Statement of Le Peerman, page seven):
Peerman: LET'S GO TO HIS ... BECAUSE I DON'T UNDERSTAND IT. AND ... SO ... I DON'T UNDERSTAND HOW
DAVID'S CAR IS PARKED IN THE CITY PARKING LOT WITH AN EXPIRED TAG, FOR AS LONG AS IT WAS
PARKED IN THE CITY PARKING LOT WITH AN EXPIRED TAG, OKAY? NOW, IT'S BEEN EXPLAINED TO ME
THAT YOU CAN' T GIVE A TICKET TO A PARKED CAR WITH AN EXPIRED TAG. HOWEVER, EVERYONE
KNOWS WHAT DAY THE COMMISSION MEETINGS ARE AND WHAT DAY THEY GET OVER. YET IT SEEMS
TO ME THAT THE EXPIRED TAG PULLED OUT OF THAT PARKING SPOT AT SOME POINT OR ANOTHER.
P24
AND, TO ME, THAT APPEARS ... GIVES THE APPEARANCE, OKAY, THAT SOMEBODY WAS NOT PAYING
ATTENTION.
Q. YOU MEAN SOMEBODY FROM THE POLICE DEPARTMENT?
Peerman: WELL I CAN'T GIVE TICKETS!!!
Q. LET ME ASK YOU ... THE EXPIRED TAG ISSUE. DO YOU RECALL THE TIME PERIOD THAT THAT
OCCURRED AND FOR HOW LONG THAT HE DISPLAYED AN EXPIRED TAG ON HIS VEHICLE? OBVIOUSLY,
UH ... WILTON MANORS POLICE DEPARTMENT TOOK ACTION ON IT. BUT DO YOU RECALL THE TIME
PERIOD OR HOW LONG THAT HE WAS OPERATING WITH THIS EXPIRED TAG?
Peerman: I'M TRYING TO FIND OUT WHEN ... JESUS. I DON'T THINK I EVEN LOOKED TO CHECK, SO ...
Q. WHAT YEAR DID YOU GET ELECTED?
Peerman: IT WAS JANUARY 2011.
Q. JANUARY 2011.
Peerman: I DIDN' T GET ELECTED AS OF THEN, I DON'T THINK. UH, AND UNDERSTAND, SOME OF THESE
THINGS I GOT TOLD, AFTER I WAS ELECTED. UH, BUT I THINK IT WAS BROUGHT TO HIS ATTENTION
BEFORE MITCH PELLECCHIA CAUGHT IT. SO IT WAS PROBABLY A COUPLE OF MONTHS.
Q. OKAY.
Peerman: BUT I HAD ... AFTER I HAD GOTTEN ELECTED I HEARD FROM SOMEONE ELSE, THAT YA KNOW,
THEY HAD SAID SOMETHING TO HIM ABOUT, YOU NEED TO GET YOUR (UNINTELLIGIBLE).
Q. WHO SAID THAT, DO YOU RECALL WHO GAVE YOU THAT INFORMATION? CAUSE YOU'RE A WITNESS
TO THE EXPIRED TAG. THEN OBVIOUSLY WE KNOW THAT THERE WAS AN ARTICLE (in Margatenews.net)
WITH A PHOTOGRAPH ...
Peerman: YEAH.
Q. BUT DID YOU WITNESS IT?
Peerman: OH YEAH, YEAH, YEAH.
Q. OKAY.
Peerman: BECAUSE I WENT TO THE COMMISSION MEETINGS.
Q. OKAY.
Peerman: AND THEN I HEARD THE RUMORS OF ... HE'S GOT AN EXPIRED, YA KNOW. I GO LOOK, OKAY? I
DON'T USUALLY JUST TAKE SOME BODY'S WORD FOR IT. I'LL GO LOOK, YA KNOW?
P2S
Q. RIGHT.
Peerman: SO YES. AGAIN, IT DID NOT MAKE ANY SENSE HOW YOU PARK IN THE CITY PARKING LOT.
AFTER I GOT ELECTED, AND WHEN THE CREDIT CARD THINGS STARTED; AND THEN I CAME IN AND I
SAID, WHAT ELSE IS THERE? THAT WAS ONE OF MY QUESTIONS. HOW DID HE MANAGE TO HAVE HIS
CAR PARKED HERE, AT CITY HALL, WITH AN EXPIRED TAG?
Q. LET ME ASK YOU THIS, IN TERMS OF THAT EXPIRED TAG /SSUE ... DID YOU, OR DID ANYONE ELSE
NOTIFY THE POLICE DEPARTMENT OF THE FACT THAT HIS TAG WAS EXPIRED, OR NOT EVEN FOR THAT
MA ITER. DID YOU BRING IT TO THE ATTENTION OF ANYONE FROM THE CITY, REGARDING THE EXPIRED
TAG?
Peerman: I BELIEVE THERE WAS A POLICE REPORT THAT WAS MADE PUBLISHED.
Q. A POLICE REPORT. DO YOU KNOW WHO MADE THE REPORT?
Peerman: SABRINA. UH, WENT INTO THE POLICE DEPARTMENT, I BELIEVE, WHEN THEY TOOK THE
PICTURE OF IT I THINK. I DON'T KNOW.
Q. UM, HUM.
Peerman: AGAIN, I LOOK FOR MYSELF.
Q. RIGHT.
Peerman: I DON' T, YA KNOW, I DON' T GO BY WHAT IS JUST WRITTEN ON MY ... I LOOK FOR MYSELF AND
I SAW IT. AGAIN IT WAS, HOW DO YOU HAVE AN EXPIRED TAG? AT THE TIME, I'M TRYING TO THINK IT
WAS, I THINK, FRANK PORCELLA. ..
Q. UM_ HUM.
Peerman: WAS THE CITY MANAGER.
Peerman testified that she heard that Mclean had improper associations with some Margate Police
Officers. She could not specifically recall names, but testified as follows {Statement of Le Peerman, page
nine) :
Peerman: I'VE ALWAYS HEARD THAT, THAT DAVID HAD IT IN WITH SOME OF THE POLICE OFFICERS.
NOW, MIND YOU, A LOT OF THE POLICE OFFICERS DIDN' T LIKE HIM BECAUSE HE ABUSED HIS POWERS,
FROM MY UNDERSTANDING. BUT UH, YA KNOW, I'VE HEARD OF INCIDENTS WHERE HE WAS AT THE
HOSPITAL TRYING TO VISIT HIS MOM. ..
Q. UM_ HUM.
Peerman: TRYING TO GET HIS DOG UP THERE. ALL I KNOW IS THAT HE SAW {UNINTELLIGIBLE) NAME IN
THE BOOK. AGAIN TO ME, THAT'S ABUSING HIS POWER, YA KNOW? IF I WOULD HAVE KNOWN ABOUT
IT AT THE TIME, WHICH AGAIN, I DIDN' T LEARN UNTIL AFTER EVEN ... THAT WENT AFTER, UNTIL HE WAS
REMOVED FROM OFFICE. BUT ...
P26
Q. HOW DID YOU FIND OUT ABOUT THAT PARTICULAR INSTANCE? WHEN YOU SAY THE "HOSPITAL,"
YOU'RE REFERRING TO NORTHWEST MEDICAL CENTER?
Peerman: YEAH, HIS MOTHER WAS IN THE HOSPITAL.
Q. OKAY; AND SPEC/FICALL Y WHAT DID YOU HEAR AND WHO TOLD YOU ABOUT WHAT HAPPENED?
Peerman: I DON'T EVEN REMEMBER WHO TOLD ME. AGAIN, I'VE SEEN YOU, I KNOW YOU BUT, NAMES
ARE. .. UH, I JUST HEARD IT WAS LIKE 1:00 OR 2:00 O'CLOCK IN THE MORNING. HE WAS IN THE
EMERGENCY ROOM OF THE HOSPITAL TRYING TO GET UP TO SEE HIS MOTHER, WHO IS IN THE
HOSPITAL... WITH HIS DOG, I BELIEVE. HE WASN'T BEING ALLOWED TO GO, BY THE POLICE OFFICERS. HE
WAS JUST CRAZY, RAISING HELL AT EVERYTHING ELSE, LIKE THAT. UH, CALLING THE POLICE OFFICER'S
NAMES AND EVERYTHING ELSE. I DON'T KNOW IF A PHONE CALL WAS MADE OR SOMEBODY CAME
DOWN AND TALKED OR WHATEVER, BUT ... HE WAS BERATING THE POLICE OFFICERS AT THE HOSPITAL.
Q. DO YOU REMEMBER THE TIME FRAME THAT THAT TOOK PLACE?
Peerman: WHEN HIS MOM WAS ... BEFORE HIS MOM DIED.
Q. APPROXIMATELY, YOU DON'T REMEMBER THE MONTH OR YEAR OR ANYTHING OF THAT NATURE?
Peerman: NO, CONTRARY TO PUBLIC OPINION DAVID MCLEAN IS NOT MY FIRST PRIORITY.
Q. RIGHT.
Peerman testified that she heard a rumor that Mclean had been influential in assisting the Margate
Fraternal Order of Police (FOP) in obtaining their clubhouse within the Saveology Plaza. She was unable
to provide any additional information or actionable leads regarding this allegation. Details (Statement of
Le Peerman, page ten):
A. UM, I HEARD THAT HE. .. AND AGAIN, I ONLY HEARD. HE GOT THE FOP THERE UM, OFFICE OVER AT
THE (UNINTELLIGIBLE) PLAZA, SAVEOLOGY. I DON'T KNOW WHAT THE DEAL WAS WITH THAT. I DON'T
KNOW IF THERE WAS ANYTHING COOKED, OR ANYTHING LIKE THAT. UH THERE WAS UH, HE ... DAVID,
GOT THEM THE OFFICE.
Q. ARE YOU TALKING ABOUT THE STOREFRONT AT THE SCIENTOLOGY ... ?
A. YEAH. UH, SAVEOLOGY.
Q. SAVEOLOGY, NOT SCIENTOLOGY.
A. FOP'S UNION OFFICES. I DON'T KNOW IF IT'S SOMETHING HE DID, AGAIN, DAVID IS A BLOW-HARD,
SO ... YOU CAN'T ALWAYS BELIEVE WHAT HE SAYS.
In response to this allegation, Captain Horak interviewed Sergeant Paul Kostick and Detective Robert
Kriplean. Both individuals are officers in Margate FOP Lodge #75. Neither Sergeant Kostick nor Detective
P27
Kriplean could substantiate the allegation that Mclean was involved in the process for the organization
to rent space within the Saveology Plaza {5235 Coconut Creek Parkway).
Each recalled that they dealt with Saveology Property Manager Jerry Spielman and Saveology Executive
Vice President Reid Shapiro. The only information gleaned relative to the allegation was proffered by
Sergeant Kostick. He reported that Shapiro stopped by the FOP space while Kostick and others were
outfitting the interior. Kostick recalled that Shapiro stated that he was acquainted with Commissioner
Mclean. Shapiro offered to solicit Mclean's assistance if the FOP needed assistance with permitting.
Shapiro reportedly stated that Mclean had been helpful in assisting Saveology in the build out of their
office space. No other information relative to the allegation was obtai ned. Based upon the testimony
rendered, the allegation that Mclean had influence on obtai ning the FOP' s lodge hall has not been
substantiated.
At Interview, Peerman testified that she had no specific information that indicated that any Margate
employee had been corruptly influenced or compromised by Mclean. Details (Statement of Le Peerman,
page 11) :
Q. UH, ANYTHING ELSE? ANY OTHER ISSUES OR UH, LIKE I SAID, WE'RE LOOKING FOR COMPROMISE OF
THE, DEPARTMENT EMPLOYEES AND ... ?
A. I DON' T ... AND HERE'S MY HONEST OPINION ON ... / DON'T KNOW THAT WE HAVE ANYBODY THAT
IS ... PARTICULARLY DOING ANYTHING FOR DAVID, OR ... COVERING UP ANYTHING FOR DAVID OR
ANYTHING LIKE THAT. UH, I THINK WE MAY HAVE IS SOMEBODY WHO'S POSSIBLY INTIMIDATED,
WORRIED ABOUT THEIR JOB WHICH, AS COMMISSIONER I JUST DON'T GET THAT. I CAN' T HIRE OR FIRE
ANY OF YA'S. UH, I DO KNOW THAT HE WAS UM, EXTREMELY, UM. .. AND I LEARNED THIS, AGAIN, AFTER
I GOT ELECTED AND WENT IN AND SAID, WHAT ELSE IS THERE? THAT HE WENT AFTER (code compliance
officer) JACKIE KING AS A CODE OFFICER.
Q. UM, HUM.
A. HE TRIED TO GET HER FIRED NUMEROUS TIMES. HE TRIED TO GET HER TO NOT CODE HIS FRIENDS.
ONE OF THEM BEING, I THINK A TATTOO PARLOR ON ATLANTIC.
Q. UM, HUM.
A. WHO WAS NOT ... YA KNOW, JACKIE WAS TRYING TO DO HER JOB. HE WAS TRYING TO STOP IT. UH, I
KNOW A NUMBER OF PEOPLE USED HIS NAME, UH ... INCLUDING TOMMY RUZZANO AND HIS POND IN
HIS FRONT YARD. BUT UM, AGAIN, I DON' T KNOW IF HE DONE IT OR IF YOU HAVE POLICE OFFICERS
WHO ARE LIKE YA KNOW. .. OKAY. SURE DAVID, WE'LL TAKE CARE OF IT; AND WALK AWAY.
Q. RIGHT.
A. I DON' T KNOW ANY OF THAT, OKAY.
Q. UM, HUM.
P28
A. THAT'S WHY I'M SAYING THAT I THINK WE'RE GETTING THE BLACK EYE FROM DAVID, GIVING THE
IMPRESSION THAT HE'S HAD THESE PEOPLE. MY QUESTIONS ARE THINGS LIKE, IF IT WAS AN
ACC/DENT...HOW COME HIS CAR DIDN'T GET TAKEN INTO, YA KNOW. I'M NOT REAL THRILLED WITH
LEARNING THAT HE HAD A WILTON MANORS POLICE.. . THAT HE COULD GET A FREE TOWING FROM J & J
TOWING. BECAUSE THAT, TO ME, IS AN ETHICS VIOLATION. WE HAVE A CONTRACT WITH THEM. MY
UNDERSTANDING IS, AGAIN AFTER THE FACT, HE HAD A DEAL WITH J & J TOWING BECAUSE YOLANDA
TOLD HIM ... YOU CAN NOT DRIVE DRUNK IN MARGATE ANYMORE. HE HAD A DEAL WITH J & J TOWING
THAT THEY WOULD GO PICK HIM AND HIS CAR UP AT THE TIKI HUT...
Based upon Vice Mayor Peerman's testimony as well as unresolved discrepancies identified based upon
trial transcripts and in response to inferences reported on Margatenews.net, the following analyses
were conducted regarding the allegations related to complicity of the Margate Police Department in
abetting Mclean's illegal or other questionable activities.
Traffic Crash Allegation
Based upon Peerman's allegations, a Computer Aided Dispatch (CAD) query was conducted in order to
establish whether Mclean had been involved in any motor vehicle crashes in Margate. This query
revealed that Mclean was involved in a two-vehicle crash that was reported at 12:13 a.m. on Sunday,
June 27, 2010.
Based upon a review of the CAD data and short form crash report (01-10-004782), the documents
revealed that at the time of the crash, Mclean was operating his personally owned 2005 Chrysler in the
7000 block of Royal Palm Boulevard. According to the official crash report completed by Officer Anthony
Arena, Mclean struck an unlighted, disabled vehicle while in westbound transit. Neither Mclean nor the
other driver in the crash were cited. Officer Arena cited heavy roadway construction, a lack of street
lighting and the fact that the disabled vehicle was in the roadway as major contributing factors. In
addition, since no independent witnesses were located nor injuries sustained, there was no traffic
citation issued, although Mclean was found to be partially at-fault in the crash report.
As documented, Mclean's vehicle sustained a reported $5000 in damage. The vehicle was removed
from the scene by J&J Towing. The crash report revealed that Mclean possessed auto insurance. In
response to the allegation that Mclean was operating under the influence, the crash report indicated
that Mclean was not drinking or using drugs. Further, there is no indication in the narrative that the
reporting officer suspected or investigated Mclean for driving under the influence, based upon an
apparent lack of reasonable suspicion to initiate a DUJ investigation.
On October 15, 2013 Captain Horak took a sworn, audio recorded statement from Officer (now
Detective) Anthony Arena. Detective Arena was questioned regarding the allegation that Mclean had
been operating under the influence. Details (Statement of Anthony Arena, page two):
Q. ALL RIGHT DETECTIVE ARENA, I DIRECT YOUR ATTENTION TO TRAFFIC CRASH REPORT HSMV CRASH
NUMBER 09822778, MARGATE POLICE CASE 01-10-004782. THIS DOCUMENT IS A CRASH WHICH WAS
REPORTED AND ALSO TOO, INVESTIGATED ON JUNE 27, 2010; AT APPROXIMATELY 12:13 A.M.
ACCORDING TO THE REPORT, THAT'S THE TIME OF OCCURRENCE OF THE CRASH. YOU HAD AN
OPPORTUNITY TO REVIEW THIS REPORT. DO YOU HAVE ANY INDEPENDENT RECOLLECTION OF THIS
PARTICULAR INCIDENT?
A. YES I DO.
P29
Q. IN YOUR OWN WORDS, DESCRIBE FOR ME UH, THE CIRCUMSTANCES RELATED TO THIS CRASH AND
THEN I'LL FOLLOW UP WITH SOME SUBSEQUENT QUESTIONS.
A. WELL THE CALL WAS RECEIVED THAT IT WAS IN THE AREA OF ROYAL PALM BOULEVARD,
APPROXIMATELY IN THE 6900 BLOCK THERE UH, IN FRONT OF THE CHURCH. AT THAT TIME, DURING
THIS TIME FRAME, ROYAL PALM WAS UNDER HEAVY CONSTRUCTION; AND IT WAS AN ACCIDENT
INVOLVING TWO VEHICLES WHERE ONE HAD REAR-ENDED THE OTHER. UPON ARRIVING THERE, I MET
WITH BOTH DRIVERS OF THE VEHICLES. UM, ONE DRIVER ... THE VEHICLE #2 DRIVER STATED THAT HIS
VEHICLE WAS DISABLED AND HE EXITED HIS VEHICLE. HE WASN'T ABLE TO GET IT OFF THE ROAD. ONCE
AGAIN AT THIS TIME, SINCE DUE TO HEAVY CONSTRUCTION, IT WAS ONE WAY TRAFFIC, EACH
DIRECTION, EAST AND WESTBOUND ON ROYAL PALM. I HAD SPOKEN WITH THE OTHER DRIVER WHO
STATED THAT VEHICLE 2 WAS AT THE PEAK OF THE BRIDGE; HE WAS NOT ABLE TO SEE IT AND HE REAR-
ENDED THAT VEHICLE.
Q. UH, WERE ANY OF THE OPERATORS OF THESE VEHICLES KNOWN TO YOU?
A. YES. ONE OPERATOR OF VEHICLE #1 WAS KNOWN TO ME, THE AT FAULT VEHICLE.
Q. WHO WAS THAT?
A. HE WAS KNOWN AS UM, COMMISSIONER DAVID MCLEAN.
Q. WHAT SORT OF CONVERSATION DID YOU HAVE WITH COMMISSIONER MCLEAN AT THE SCENE?
A. WELL OBVIOUSLY I ASKED HIM FOR ALL OF HIS PROPER DOCUMENTATION: LICENSE, REGISTRATION,
AND INSURANCE; AND ASKED HIM WHAT HAD HAPPENED.
Q. IS THERE ANYTHING NOTABLE, IN TERMS OF YOUR INTERACTION WITH HIM, THAT YOU AS AN
INVESTIGATOR WOULD BE CONCERNED WITH?
A. NO.
Q. SPECIFICALLY I ASK YOU, WAS THERE ANY INDICATIONS THAT DAVID MCLEAN AT THAT TIME, WAS
IMPAIRED BY ALCOHOL OR ANY OTHER SUBSTANCE, WHICH WOULD AFFECT HIS NORMAL FACULTIES?
A. NO.
Q. DID MCLEAN UTILIZE OR PUT FORTH ANY SORT OF EFFORT TO INFLUENCE THE MANNER IN WHICH
YOU INVESTIGATED THIS CRASH?
A. NO.
At interview, Detective Arena testified that Sergeant Ryan McCarthy and possibly Lieutenant Andrew
Zettek responded to the scene of the crash. Detective Arena provided no additional relevant testimony
related to the instant crash investigation.
P30
On October 15, 2013, Captain Horak took the sworn, audio recorded statement of Margate Police
Department Sergeant Ryan McCarthy. Sergeant McCarthy was questioned regarding the allegation that
Mclean was driving under the influence during the aforementioned crash investigation. Details of his
relevant testimony (Statement of Ryan McCarthy, page three):
Q. I DIRECT YOUR ATIENTION TO SUNDAY MORNING, JUNE 27TH' 2010, AT APPROXIMATELY 12:13 A.M.
ON THAT DATE AND TIME UH, RECORDS INDICATE THAT YOU RESPONDED TO A TRAFFIC CRASH IN
ABOUT THE 6900 TO 7000 BLOCK OF ROYAL PALM BOULEVARD. IN YOUR OWN WORDS, PLEASE
EXPLAIN YOUR OBSERVATIONS, WHAT YOUR LEVEL OF INVOLVEMENT WAS AND ANYTHING ELSE YOU
FEEL IS PERTINENT TO THE CASE.
A. UH, ULTIMATELY I DON'T RECALL IF I WAS IN THE P.O. OR OUT ON THE STREETS, BUT I RECEIVED A
PHONE CALL FROM OFFICER ANTHONY ARENA, ADVISING ME THAT UH, ONE OF THE CITY
COMMISSIONERS DAVID MCLEAN, WAS INVOLVED IN A TRAFFIC ACCIDENT. BASED UPON THAT
INFORMATION, I DECIDED TO RESPOND TO THE SCENE. SINCE IT INVOLVED A COMMISSIONER, I FELT IT
WAS NECESSARY TO NOTIFY THE PLATOON COMMANDER, LIEUTENANT ANDY ZETIEK. SO AS SOON AS I
HUNG UP THE PHONE, I BELIEVE WHILE I WAS EVEN RESPONDING TO THE SCENE, I CALLED LIEUTENANT
ZETIEK. I WANT TO SAY WE ARRIVED ALMOST ABOUT THE SAME TIME TO THE SCENE.
Q. ARE YOU TALKING ABOUT YOU AND LIEUTENANT ZETIEK?
A. ME AND LIEUTENANT ZETTEK, YEAH. WHEN I GOT THERE I KNOW UH, BEFORE WE WENT ON TAPE I
REVIEWED SOME OF THE CAD NOTES. I DON'T RECALL ANY OTHER OFFICERS BEING ON THE SCENE,
WITH THE EXCEPTION OF ANTHONY ARENA. WHEN I GOT THERE, I WENT TO HIM TO TALK TO HIM
ABOUT WHAT HIS INVEST/GA TION HAD REVEALED THUS FAR. UM, HE ADVISED ME THAT MCLEAN'S
VEHICLE WAS EASTBOUND ON ROYAL PALM BOULEVARD AND ACTUALLY STRUCK THE REAR END OF A
DISABLED VEHICLE THAT WAS ON ROYAL PALM BOULEVARD. KEEP IN MIND, DURING THIS TIME, THIS
PERIOD OF TIME; ROYAL PALM BOULEVARD WAS UNDER A HEAW AMOUNT OF CONSTRUCTION. I
BELIEVE THAT THE OTHER VEHICLE, EVEN WHEN I WAS ON SCENE, STILL HAD ITS HAZARD LIGHTS ON.
MOST OF THOSE BOB BARRICADE TYPE UH, A-FRAMES HAVE THAT ORANGE BLINKING LIGHT. FROM
BEHIND, BECAUSE I DID HAVE...AT ONE POINT WALK BEHIND THE COMPLAINANT'S VEHICLE, OR THE
OTHER VEHICLE THAT WAS STRUCK. I NOTED THAT IT KIND OF MATCHED THE SAME PATTERN WITH
REGARD TO THE UH, FLASHING ... SOME OF THOSE BEACON LIGHTS, OR THOSE WARNING LIGHTS. UH, SO
ULTIMATELY ARENA AND I SPOKE REGARDING SOME TYPE OF CAUSATION UH, WHAT HE FELT HIS
INVESTIGATION WOULD REVEAL. I NEVER PERSONALLY SPOKE WITH EITHER THE DRIVERS OF THE
OTHER VEHICLE OR MR. MCLEAN. IN FACT, FROM WHAT I CAN REMEMBER; AND WE'RE GOING BACK A
FEW YEARS ... / WAS APPROXIMATELY 15 TO 20 FEET AWAY ON THE SIDEWALK, ON ROYAL PALM
BOULEVARD, ACTUALLY WHEN I WAS HAVING INTERACTION WITH ARENA. LIEUTENANT ZETTEK, HE DID
WALK OVER AND SPOKE TO MCLEAN. THAT'S PRETTY MUCH IT. I BELIEVE THAT MCLEAN DID HAVE A
PASSENGER; AND I DON'T RECALL UH, IF ARENA STATED TO ME THAT THE TWO OCCUPANTS WERE
OUTSIDE OF THE VEHICLE. I BELIEVE THAT THEY WERE OUTSIDE OF THE VEHICLE WHEN IT WAS STRUCK.
BUT THAT'S PRETTY MUCH IT WITH REGARD TO MY RECOLLECTION OF MY DUTIES. I DID SIGN OFF ON
THE REPORT AT THE END OF THE NIGHT.
Sergeant McCarthy testified that he did not receive information or make observations that indicated
that Mclean was under the influence. He provided this additional relevant testimony (Statement of
Ryan McCarthy, page three):
P31
Q. UM, 50 YOU MENTIONED THE FACT THAT YOU WEREN' T IN CLOSE PROXIMITY TO MCLEAN. DID
ANYONE AT THE SCENE, INCLUDING UH, OFFICER ARENA, LIEUTENANT ZETTEK ... ANY GIVE YOU, OR THE
OTHER DRIVER PERHAPS, GIVE YOU ANY SORT OF INDICATION THAT FORMER COMMISSIONER MCLEAN
WAS UNDER THE INFLUENCE OF ALCOHOL OR SOME OTHER SUBSTANCE?
A. NO SIR.
Q. UH, NO DISCUSSION AT ALL ON THE SCENE, ANYTHING TO THAT EFFECT?
A. NO.
Q. DO YOU RECALL WHAT THE DISPOSITION WAS OF THE VEHICLES THAT WERE INVOLVED IN THE
CRASH?
A. HUM. .. I BELIEVE HIS VEHICLE UH, WAS VERY BADLY DAMAGED. I RECALL IT MIGHT HAVE HAD TO
BEEN TOWED. AS FAR AS THE OTHER VEHICLE GOES ... I MEAN, IT ALREADY HAD AN ISSUE WITH IT. UM,
IF I CAN LOOK IT OVER AGAIN. I'M ASSUMING THAT THEY WERE BOTH TOWED FROM THE SCENE.
Q. I'M JUST LOOKING FOR INDEPENDENT RECOLLECTION.
A. YEAH, I DON'T ...
Q. ACCORDING TO THIS, THEY WERE TOWED BY J & J TOWING.
A. OKAY.
Q. UM, DID YOU HAVE ANY SUBSEQUENT CONVERSATION WITH EITHER OFFICER ARENA OR
LIEUTENANT ZETTEK, REGARDING THIS CRASH OR ANY OF THE CIRCUMSTANCES RELATED TO THE
CRASH?
A. NOT THAT I CAN RECALL.
Q. 50 THE BEST OF YOUR RECOLLECTION WAS DAVID, FORMER COMMISSIONER MCLEAN UNDER THE
INFLUENCE OF ANY SORT OF SUBSTANCE SUCH AS ALCOHOL OR DRUGS?
A. OBVIOUSLY I DIDN'T GET CLOSE ENOUGH TO HIM, BUT I DID HAVE THE OPPORTUNITY TO WATCH
HIM WALK AND INTERACT WITH LIEUTENANT ZETTEK; AND HE DIDN'T APPEAR TO BE STUMBLING OR
ANYTHING LIKE THAT. BUT I NEVER GOT CLOSE ENOUGH TO MAKE THAT EVALUATION OF HIM. BUT
BASED UPON HIS WALKING AND TALKING, I FELT THAT HE WASN'T IMPAIRED.
Sergeant McCarthy provided no additional relevant testimony related to the instant crash investigation
or that Commissioner Mclean had been operating his vehicle under the influence.
On October 24, 2013, Captain Horak took the sworn, audio recorded statement of Margate Police
Department Lieutenant Andrew Zettek. He was also questioned regarding the allegation that Mclean
was driving under the influence during the aforementioned crash investigation. Details of his relevant
testimony (Statement of Andrew Zettek, page two):
P32
Q. LIEUTENANT ZETTEK, I DIRECT YOUR ATTENTION TO JUNE 27, 2010. IT IS ON THAT DATE THAT
FORMER COMMISSION DAVID MCLEAN WAS INVOLVED IN A TRAFFIC CRASH ON ROYAL PALM
BOULEVARD IN MARGATE. BASICALLY I'M GOING TO MAKE AN OPEN-ENDED QUESTION, IN YOUR OWN
WORDS, DESCRIBE YOUR RECOLLECTIONS OF THAT INCIDENT, AS WELL AS YOUR RESPONSE.
A. UH, ON THAT EVENING I WAS THE PLATOON COMMANDER. I HAD BEEN NOTIFIED THAT THERE WAS
A TRAFFIC CRASH INVOLVING A CITY COMMISSIONER; AND I RESPONDED TO THE SCENE TO INSURE
THAT THE UH, EXIT WAS HANDLED CORRECTLY. WHEN I ARRIVED ON THE SCENE, SERGEANT MCCARTHY
WAS THERE, AS WELL AS OFFICER ARENA WHO WAS HANDLING THE INVESTIGATION. I MET WITH
COMMISSIONER MCLEAN TO ASCERTAIN IF HE WAS OKAY, ANY ISSUES, ANY PROBLEMS, AND ANY
INJURIES? SO I CONVERSED BRIEFLY WITH HIM, HE WASN'T INJURED. THE PARTIES IN HIS CAR WERE
NOT INJURED. I THEN PROCEEDED TO SPEAK WITH THE DRIVER OF THE DISABLED VEHICLE TO
ASCERTAIN IF THEY WERE HURT, ANY INJURIES, AND ANY ISSUES? THAT DRIVER WAS OKAY TOO. THERE
WERE NO COMPLAINTS OF INJURY. THEN I OBSERVED THE SCENE FOR MYSELF, AS WELL AS OBSERVING
THE CONDITIONS. I DIRECTED OFFICER ARENA TO INCLUDE IN HIS REPORT THE SPECIFICS ABOUT UH,
THAT AREA BEING UNDER CONSTRUCTION. THAT THERE WERE SO MANY MITIGATING FACTORS THERE
THAT I WANTED TO MAKE SURE HE INCLUDED IN HIS INVESTIGATION TO INCLUDE, THAT ROADWAY
WAS BEING UNDER CONSTRUCTION. THE LANE THAT THE CAR WAS DISABLED IN WAS IN THE
EASTBOUND LANES; HOWEVER IT WAS TRAVELLING WESTBOUND, BECAUSE THE ROADWAY HAD BEEN
DIVIDED IN HALF, BECAUSE OF CONSTRUCTION. SO VEHICLES WERE GOING EAST AND WESTBOUND IN
THE EASTBOUND LANE, THAT HAD BEEN DIVIDED WITH BARRICADES; AND OTHER ROADWAY DEVICES,
SEPARATING THE LANES .. THE AREA WAS DARK. THE STREET LIGHTS WERE OUT. THE ENTIRE ROADWAY
WAS JUST ALL TORE UP AND COVERED WITH BARRICADES. I WANTED TO INSURE THAT WAS COVERED
IN THE ACCIDENT INVESTIGATION.
Q. YOU MENTIONED THESE ISSUES WITH THE ROADWAY; WOULD YOU DESCRIBE THOSE AS BEING
CONTRIBUTING FACTORS TO THE CRASH?
A. UM, IT WOULD CERTAINLY BE A CONTRIBUTING FACTOR. UM ... IN MY OPINION AS PART OF THE
CRASH, UM .. . BECAUSE IT WAS ... IN MY OPINION, DARK AND CONFUSING WITH THE BARRICADES; AND
WHERE THIS CAR WAS DISABLED ... UH, IF YOU' RE DRIVING WESTBOUND IN THE EASTBOUND LANES, LIKE
THE ROADWAY WAS SET UP TO TRAVEL. YOU COME ACROSS THAT DISABLED VEHICLE RATHER QUICKLY;
AND THERE WAS NO ROOM TO TAKE EVASIVE ACTION, BECAUSE THERE WERE BARRICADES ON BOTH
SIDES. SO THERE WAS NO EMERGENCY LANE TO PULL OFF ON. SO .. . YEAH, I WOULD SAY THAT THE
DESIGN OF THE BARRICADES AND THE ROADWAY WAS A CONTRIBUTING FACTOR.
Q. IN THE CRASH REPORT, THAT'S DATED JUNE 27, 2010, HMSV CRASH#: 09422778, COMMISSIONER
MCLEAN OPERATING A 2005 CHRYSLER IS LISTED AS SECTION 1, VEHICLE 1. IS THERE ANY SIGNIFICANCE
ASSOC/A TED WITH UM, THE MANNER IN WHICH ONE VEHICLE IS LISTED AS SECTION 1; AND THE OTHER
VEHICLE IS LISTED AS SECTION 2?
A. YES, UH ... IT'S STANDARD THAT THAT'S USUALLY THE "AT FAULT" DRIVER. IN MY OPINION
COMMISSION MCLEAN WAS "AT FAULT" IN THE CRASH. HOWEVER, THERE WERE SOME MITIGATING
FACTORS IN THE CRASH, BUT THAT'S USUALLY INDICATIVE OF THE "AT FAULT" PARTY.
Q. IS THERE A REASON WHY COMMISSION MCLEAN WAS NOT ISSUED A TRAFFIC CITATION FOR HIS
INVOLVEMENT IN THIS CRASH?
P33
A. UH, AS I STATED BEFORE, THE MITIGATING FACTORS. THERE WERE NO INDEPENDENT WITNESSES OF
THE CRASH. THE WAY THE ROADWAY WAS DIVIDED AND THE MATTER OF CONSTRUCTION. THE STREET
LIGHTS BEING OUT. THE TOTALITY OF THE ENTIRE ROADWAY CONTRIBUTED TO THE CRASH, IN MY
OPINION; AND THOSE FACTORS, IN ACCORDANCE WITH OUR POLICY, HE WAS NOT ISSUED A CITATION,
BUT HE WAS INDICATED AS BEING ~ T FAULT."
Q. DID THE FACT THAT FORMER COMMISSIONER MCLEAN WAS NOT ISSUED A CITATION, DID HE EXERT
OR TRY TO ATTEMPT TO INFLUENCE THE OUTCOME OF THIS INVESTIGATION IN ANY MANNER?
A. NOT AT ALL.
Q. DID HE HAVE ANY CONVERSATION TO YOU IN REGARD TO UM, EXERTING HIS INFLUENCE AS A
COMMISSIONER IN ORDER TO NOT BE CITED IN THE CRASH?
A. NOT AT ALL. I DON'T EVEN BELIEVE ANYBODY THERE, OTHER THAN CITY EMPLOYEES, KNEW OF HIS
CAPACITY AS A COMMISSIONER.
Q. WHEN YOU UH, MADE AN EARLIER STATEMENT WHEN YOU OPENED UP WITH YOUR TESTIMONY,
YOU MENTIONED THE FACT THAT YOU HAD BEEN "NOTIFIED OF THE CRASH." DO YOU RECALL WHO
NOTIFIED YOU OF THIS CRASH?
A. I DON'T RECALL IF I HEARD IT OVER THE RADIO /NIT/ALLY, OR THAT SERGEANT MCCARTHY MAY HAVE
CALLED ME ON THE WATCH COMMANDER PHONE TO ALERT ME OF THE ACCIDENT INVOLVING THE
COMMISSIONER. I DON'T RECALL IF IT WAS EITHER OR. AT SOME POINT, I BELIEVE THAT SERGEANT
MCCARTHY DID CALL ME.
Q. IS IT EXTRAORDINARY THAT YOU WOULD RESPOND TO A CRASH INVOLVING A CITY COMMISSION, OR
OTHER CITY OFFICIAL?
A. NO, IT'S STANDARD PRACTICE. STANDARD POLICY BECAUSE I MAY THEN HAVE TO REPORT TO MY
SUPERIOR IF THERE WERE ANY ISSUES OR INJURIES INVOLVING THE COMMISSIONER.
Q. YOU MENTIONED THE FACT THAT YOU DID HAVE SOME INTERACTION WITH FORMER
COMMISSIONER MCLEAN AT THE SCENE. DURING THAT PERIOD OF YOUR INTERACTION WITH HIM, DID
YOU MAKE ANY OBSERVATIONS REGARDING HIS PHYSICAL CONDITION OR CAPACITY?
A. UH ... HE WAS UH, IN MY OPINION ACTING NORMAL, SPEAKING NORMAL. HE WASN' T INJURED IN THE
CRASH. I DIDN' T DETECT ANY OTHER CONTRIBUTING CAUSE.
Q. ANY INDICATION THAT FORMER COMMISSIONER MCLEAN WAS UNDER THE INFLUENCE OF EITHER
DRUGS OR ALCOHOL AT THAT TIME?
A. NO, NOT AT ALL. I DIDN'T DETECT ANY ALCOHOL ON HIS BREATH IN MY CONVERSATIONS WITH HIM.
THERE WAS NO INDICATION TO ME OF ANY SUBSTANCE ABUSE.
Q. HAVE YOU EVER HAD ANY PREVIOUS CONTACT WITH COMMISSIONER MCLEAN, PRIOR TO THE TIME
YOU INTERACTED WITH HIM ON JUNE 27rH, 2010?
P34
A. UM, A NUMBER OF TIMES. I'VE KNOWN HIM FOR MANY YEARS; AND HIS CAPACITY AS A BAR
OWNER AND UH, A CITIZEN OF MARGATE, PRIOR TO HIS COMMISSION DUTIES.
None of the documentary evidence or witness testimony confirms the allegation that Mclean was
operating under the influence. Based upon the totality of the evidence, there is no indication that
Mclean was impaired and was driving under the influence of drugs and/or alcohol. There is no apparent
validity to this allegation.
Expired Tag Allegation
Vice Mayor Peerman alleged that the Margate Police Department was aware of, and/or indifferent of
the fact the Florida tag (057LDS) affixed to Commissioner Mclean's 2005 Chrysler PT Cruiser automobile
expired on November 7, 2011. Mclean reportedly continued to operate the vehicle with an expired
license tag until it was seized by Wilton Manors Police (WMPD) on February 26, 2012.
According to a Margatenews.net article dated March 5, 2012,
9
"The license plate on Margate Vice
Mayor David Mclean's PT Cruiser had been expired for more than two months when his car was
photographed at Margate City Hall in his personal parking space on Saturday February 18, 2012 during
the Margate Street Festival. Police were notified."
In response to this allegation, Sergeant McCarthy reviewed the MargateNews.net article and obtained
WMPD incident Report dated February 26, 2012 memorialized under case #12-01270. The WMPD report
detailed a traffic stop in which Mclean was cited for a variety of traffic violations that led to the official
seizure of Mclean' s expired license tag. Sergeant McCarthy requested that Margate Police Department
Communications Commander Lynn Burnside conduct a Transaction Archive Report (TAR) for a listing of
historical teletype inquiries made by any law enforcement agency on Mclean' s tag.
Additionally, Sergeant McCarthy queried the tag in the Margate Police Department's Computer Aided
Dispatch (CAD) system in an effort to determine if any Margate Police Officer or other user conducted
and/or documented a traffic stop or other query on Mclean's vehicle/license tag between the date on
which the tag expired (November 7, 2011) and the date of the stop and seizure by WMPD on February
26, 2012.
The research revealed that license tag 057LDS was queried by Margate Communication Specialist (CS)
Tanamara Brackett on January 1, 2012 for the purposes of entry into the CAD tow log. This represents
normal procedure when a private tow company repossesses a vehicle in the city. According to historical
tow history Information, CS Francine Lindeman received notification of a private repossession of
Mclean's 2005 Chrysler PT Cruiser at 2:07a.m. Following standard procedure, Mclean's tag was queried
via teletype by CS Brackett to determine if the vehicle was listed as stolen. This entry was confirmed via
a sworn statement obtained from Tanamara Brackett.
Mclean's tag was queried again on February 18, 2012 at 2:56 pm by Communications Specialist
Charmayne Seepersad. Sergeant McCarthy interviewed CS Seepersad. She recalled that while working
on the aforementioned date, she was advised by an anonymous citizen who entered the police
9
Margate Vice Mayor Mclean: Unregistered Vehicle, No Sale List, Abusing City Credit Card? MargateNews.net
(March 12, 2012)
P35
department lobby and informed her that Mclean' s vehicle was parked in the city hall parking lot bearing
the expired tag.
Seepersad stated that she notified the patrol supervisor. The tag was run at the direction of either the
supervisor or at an officer's request. Sergeant McCarthy contacted the supervisor working on February
18, 2012, Lieutenant Charles Konecke. lieutenant Konecke stated he was made aware of Mclean' s
expired tag. He recalled that he spoke with Mclean at that time regarding the fact the tag was expired.
He recalled advising Mclean that "you need to get that (tag) taken care of, you're just like everybody
else."
Lieutenant Konecke stated the conversation took place during a festival on Margate Boulevard. The
Margate Street Festival was held February 18-19, 2012. Lieutenant Konecke added that at the time of
their conversation, Mclean was not in, or near the vehicle. Lieutenant Konecke was unsure of when
Mclean removed his vehicle from the parking lot, but stated he did not witness him driving nor did he
instruct an officer to surveil Mclean's vehicle. Sergeant McCarthy did not find any record in the CAD
system that would indicate a call involving Mclean or his vehicle on this date.
The date and time identified via Sergeant McCarthy's query supports the information reported in
Margatenews.net. The blog reported that "Police were notified." There were no additional queries of
Mclean' s tag until the time of his traffic stop eight days later by WMPD on February 26, 2102.
According to Sergeant McCarthy's findings, there is nothing supportive that Mclean was observed
and/or stopped by any Margate Police Officer while operating his vehicle with an expired tag between
November 11, 2011 and February 26, 2012 in violation of Florida State Statute FSS 320.07. It should be
noted that as indicated previously, Margate Communications records indicate that Mclean's vehicle was
repossessed on, or about January 1, 2012. On the January 12, 2012 FBI transcript, Mclean complains
that his car is still being held by the repossession company and he will likely not be able to get the
vehicle until at least January 15, 2012. These circumstances seem to indicate that the vehicle was not
available to Mclean for approximately two weeks.
It is apparent and supported by the testimony of Lieutenant Konecke, CS Brackett, and CS Seepersad as
well as the TAR report that Margate Police were aware of Mclean's expired tag as of February 18, 2012.
There are no findings indicative of indifferent or preferential treatment by a Margate Police Department
employee allowing Mclean to operate his vehicle with an expired tag. It should be noted that based
upon the chronology of events associated with this matter, at all times, this violation at issue
represented a discretionary, non-criminal infraction pursuant to FS 320.07(3)(a).
Waiver of Outstanding Alarm Fines
An allegation was made that accumulated alarm fines pending against Singh were waived in 2010 by
then Police Chief Jerry Blough. This issue was identified via trial transcripts and highlighted in a story
that appeared on Margatenews.net. It inferred impropriety and required follow up.
It was asserted that then Chief Blough, wrote off a $24,000 lien for alarm fines that had accumulated on
Singh' s business. At trial, McGee asked for written proof. Singh testified that he paid a $250
administrative fee but did not have a receipt from the city with him.
P36
It was determined through historical documents and interviews that Singh's testimony under oath was
inaccurate.
The Beer Garden, the business that preceded Dave's Tiki Bar at 238 North State Road 7, received a
citation for a non-permitted alarm in violation of City of Margate Municipal Code Section 17-137(A)(3)
on July 28, 2008. The fee was not remitted to the City of Margate. Subsequently, the business closed
shortly thereafter with an outstanding violation notice pending resolution. In response, the Special
Magistrate On September 28 imposed an accruing fine of $50 per day for this location. Special
Magistrate Clerk records indicate that Singh did not appear at the hearing imposing the fine for a non-
permitted alarm .
. In a "Petition for Reconsideration of Fine" dated December 8, 2009, Singh requested relief from the fine
due to the fact that the business was leased to an individual other than Singh from July 1, 2007 to June
30, 2012. According to Singh, the business was vacated by its tenant on August 30, 2008. Singh pleaded
for relief at the Special Magistrate's meeting claiming that his income was very low at the present
moment.
Office Specialist II Robin Shelby of the Police Records Unit, who monitors the alarm ordinance process,
authored an email to then Police Chief Jerry Blough on November 30, 2010. Her e-mail advised him that
the Beer Garden had an "active order of imposition of fine and claim of lien" on the property which had
accrued $21,400 in fees and would continue to accrue at $50 per day. Blough received the e-mail.
Records indicate that he then forwarded the e-mail to City Attorney Steinfeld with the statement,
"Eugene: I know this may not make a difference but we have $21,400 in fines from failure to pay a
$25.00 registration."
On December 27, 2010, the City Attorney's secretary Nancy Popick authored an e-mail response to
Blough stating, "Per the City Attorney, the city has agreed to settle the fines in the case/lien below for
the administrative fee, prep and release of lien costs." The case was listed as 2008-041530 ACC 7898
Lutchman H & Khalmanie D. Singh (d/b/a Beer Garden).
Based upon the aforementioned documentation, City Attorney Steinfeld (not Blough) released and
mitigated the lien with the exception of a $50 administrative fee, $155 preparation/release costs and a
$50 Federal Express fee, totaling $255. Sergeant McCarthy conferred with City Attorney Steinfeld,
showing him the documents executed by Singh on December 8, 2009. He verified the document and
advised McCarthy that a mitigation of fines is a standard practice in situations where tenants vacate
property, leaving their landlord responsible for accruing fines or in situations where business owners
request special considerations for good cause.
The finai"Reduction of Fine" order in the matter of the City of Margate vs. Lutchman H & Khalmanie D.
Singh was executed on January 6, 2011. Special Magistrate Alan L. Gabriel ordered that the fine be
reduced to $255 based on an agreement with the City. Singh was instructed to remit the payment on or
before January 26, 2011 or the fine would revert to the $22,750.00 owed. The payment for $255 was
made by Singh and the lien release was executed on January 19, 2011.
It should be noted that at the time period in which this action took place there are no indications that
Mclean and Singh had entered into their tenant/landlord relationship for the storefront at 238 North
State Road 7.
P37
Police Department Complicity in Mclean Wrongdoing
In an article that was posted on MargateNews.net dated September 19, 2013, members of the Margate
Police Department, to include then Police Chief Blough were portrayed by the author as assisting
Mclean. The article begins,
10
"Mitch needs a beating, said McLean of the MargateNews.net reporter.
Normally I don't do things like that. .. Got a guy Hernandez. Sent to get him .... The commissioner said
angrily on tape in court on Tuesday. II
"McLean said he called the Police Chief who, in McLean's words, said we' ll get him, don' t worry.
11
The manner in which the article is written infers that a Margate Police Officer named either Hernandez
or Fernandez was going to be solicited by Mclean with targeting Pellechia. On Page six of the FBI
Transcripts dated January 4, 2012 12:24 p.m., Mclean tells Singh: "And Mitch, w- [sic], he needs a
beating though. He needs a beating. II
Singh's response is unintelligible. Mclean states: I normally don't do that, but he needs a beating. These
statements are made after Mclean speaks to Singh about a recent inspection from the State of Florida
Alcohol Beverage and Tobacco Enforcement (ABT) . Mclean refers to Pellechia as a bi-polar, alcoholic.
Mclean opines that Pellecchia consumes alcohol every day and would be easy to target for DUI.
Mclean characterized Pellechia as follows: (drinks) ... like a fish. {UI} stop at Mug Shots, drink three, four
beers, then go the liquor store and get the nips and do like, four of those, then go somewhere, go back to
the liquor store, get three more nips. He's fucking hammered by the end of the day. Gatta [sic] catch him.
1 gotta [sic] catch him. I gotta [sic] get my boy, either, er [sic], uh, Fernandez on it, or Hernandez.
In response to the allegation, Sergeant McCarthy informally interviewed Detective Julio Fernandez on
December 18, 2013. Detective Fernandez stated that he did not have any interaction with Mclean other
than as a potential source of information in a 2011 homicide investigation that was unresolved and
open. Detective Fernandez was provided a copy of the aforementioned January 4, 2012 FBI transcript.
Detective Fernandez did not believe that Mclean was referring to him.
After the interview of Detective Fernandez, Sergeant McCarthy informally interviewed Officer Dennis
Hernandez Sergeant McCarthy provided him with the background that predicated the request . Sergeant
McCarthy provided him with a copy of the transcript. At interview, Officer Dennis Hernandez stated that
approximately seven years ago, he was asked by Mclean to conduct a traffic stop on an unidentified
individual other than Pellecchia. He advised Sergeant McCarthy that he told Mclean that he wouldn't do
it. Officer Dennis Hernandez stated that he has not been approached since that time by Mclean. He
added and has no knowledge to whom Mclean is referring regarding the officer referenced in the FBI
transcript.
At the conclusion of the interview with Officer Dennis Hernandez, Sergeant McCarthy interviewed
Officer Armando Hernandez. Officer Armando Hernandez was provided the background related to the
inquiry and shown a copy of the transcript. At interview, Officer Armando Hernandez stated that he
previously conducted a traffic stop on then Commissioner Mclean for operating his vehicle in a careless
manner. Officer Armando Hernandez stated that Mclean stopped in the driveway of his residence. Upon
recognizing Mclean, Officer Armando Hernandez gave him a verbal warning. Officer Armando
10
Dr. Sabrina Segal (2013, September 19) Dave' s Tiki Bar a Hotbed of Fraud Trial Reveal s. MarogteNews.net.
P38
Hernandez stated that other than the traffic stop and seeing Mclean at a City Commission Meeting, he
has not interacted with him. The traffic stop occurred several years ago.
Based upon the aforementioned inteNiews, it appears that McLean's inference that he could just
request the assistance of, "his boy" is likely a boast that lacked merit.
Sergeant McCarthy also examined the statement regarding the reported statement of, "McLean said he
called the Police Chief who, in McLean's words, said we'll get him, don't worry," printed in
MargateNews.net. The true statement is, "we almost had him one night. The cops let him go. I almost
had him. He was drunk as a fucking hoot owl. He couldn't even fucking stand up and they let him go. I
was so fucking pissed. I told the Police Chief. He said, "We'll get him. Don't worry, we'll get him. Don't
you get involved."
It appears that Mclean is expressing his frustration to Si ngh about Pellechia allegedly being drunk and
reportedly being let go by the police department as an exercise of discretion. According to the
statement, McLean allegedly expressed his frustration about Pellechia not being arrested for DUI to the
Police Chief Blough who according to McLean allegedly responded, "we'll get him." Sergeant McCarthy
spoke to City Manager Blough regarding this allegation. Blough stated that he did not recall ever making
such a statement.
Crime Stoppers Tip to Police Chief Blough
On, or about January 18, 2012, the Broward Crime Stoppers Council forwarded a web tip to Police Chief
Blough. The anonymous tip alleged that McLean used cocaine and marijuana at the Tiki Bar. Further,
McLean allegedly allowed several individuals to sell cocaine and marijuana at the bar. The tip also
alleged a variety of other alcoholic beverage and code violations that Mclean faci litated or condoned at
the bar.
Chief Blough directed Margate Police Department Special Operations Division (SOD) Sergeant Jon Shaw
to begin intelligence gathering in a covert and highly confidential manner and to employ undercover
officers unknown to the Margate community to assist. Simultaneously, the Chief reached out to the FBI
Public Corruption Unit and subsequently met with SupeNisory Special Agent (SSA) John Bernardo.
The purpose of the meeting was to ascertain if the FBI Public Corruption Unit would assist and/or prefer
to investigate this matter independently.
Subsequently, SSA Bernardo and SA Heath Graves of the FBI then met with Sergeant Shaw and discussed
the MPD SOD's preliminary investigative findings thus far.
On March 7, 2012, SSA Bernardo updated Chief Blough that the Bureau was still actively working an
investigation involving Mclean at the Tiki Bar.
In April and May 2012, Margate SOD continued the covert drug investigation based upon the
intelligence obtained in the Crime Stoppers tip. On May 16, 2012, utilizing a confidential informant, SOD
detectives purchased a quantity of cocaine in a transaction that took place at the Tiki Bar. The cocaine
seller was subsequently arrested for possession and delivery of cocaine. Other investigative actions at
the Tiki bar did not result in any other narcotic purchases.
P39
Margate Police Collaborative Operations with ABT
The Florida Division of Alcoholic Beverages and Tobacco (ABT) licenses the alcoholic beverage and
tobacco industries, collects and audits taxes and fees paid by the licensees, and enforces the laws and
regulation of the alcoholic beverage and tobacco industries, pursuant to Florida law.
The ABT Bureau of law Enforcement maintains their Broward County District Office in Margate. The
office is located at 5080C Coconut Creek Parkway. This proximity fostered and enhanced a positive and
productive working relationship between ABT and the Margate Police Department throughout the
years.
Several times each year, members of ABT and the Margate Police Department conduct collaborative
compliance and enforcement operations within the city to ensure voluntary business compliance with
alcohol and beverage laws and regulations. These compliance operations employ a variety of
investigative techniques including, but not limited to the use of undercover, underage investigative
aides, inspection and surveillance.
In addition, ABT is called upon to take the lead investigative role in instances when the Margate Police
Department receives tips and/or intelligence regarding violations occurring at tobacco and alcoholic
beverage vendors within the city. ABT is called upon based on their enhanced expertise in the
investigation and prosecution of tobacco and alcoholic beverage violations of law. More importantly,
ABT investigators, who are sworn law enforcement officers, possess regulatory and civil enforcement
options that are often more substantial in terms of impact on the law breaker than criminal sanctions (if
applicable) under Florida Statutes. For example, an ABT investigator has the training and expertise to
inspect the inventory of an alcohol vendor and make a conclusive determination that the beverage was
sourced from a retail vendor rather than a licensed alcohol wholesaler as legally required.
Many of these collaborating efforts take place annually. One example relevant to this investigative effort
occurred in 2009. At the time, Mclean was operating Mclean's Bar & Grill (2160 Mears Parkway).
Margate Special Operations (SOD) Detectives were conducting an unrelated surveillance in the area.
During the course of their static surveillance, Mclean was observed transferring a quantity of what
appeared to be retail packaged alcoholic beverages into the establishment.
At the request of SOD Detectives and as established via past practice, ABT Special Agent John Cobban
was notified of the incident and appraised of the Detectives suspicions. ABT subsequently initiated a
compliance inspection and other activities that ultimately led to enhanced scrutiny, tax liens, civil and
other sanctions against Dave's Bar & Grill. The establishment subsequently ceased operations.
During Mclean's control of Dave's Tiki Bar, similar collaborative inspections and investigations were
directed accordingly toward the business predicated upon tips and other intelligence. It should be noted
that absent predicates, routine compliance activities were conducted for the Tiki Bar as well as for other
Margate businesses licensed to sell tobacco products and alcoholic beverages.
Conclusion
An evaluation of the allegations identified from the variety of sources failed to reveal any direct
complicity by any employee of the City of Margate or Police Department. In those instances when FBI
P40
audio captured dialogue between Mclean and city professional staff, all interactions of city employees
were lawful and lacked any inference of misconduct or unethical behavior.
Intuitively, we can assume that Mclean's position as a city commissioner granted him extraordinary
access to employees who likely went above to assist the commissioner by virtue of his positional
authority. This relationship should not be construed as being corruptive or abused by anyone other than
Mclean.
The statements by the FBI case agents that no Margate employees other than Mclean engaged in
misconduct is significant in and of itself, in overcoming the perceptions of impropriety that gave rise to
this investigative endeavor.
Attachments
This investigation represents a collaborative effort
with contributions from City Manager Jerry Blough,
Captain Larry Horak and Sergeant Ryan McCarthy
P41
-Exhibit 2-
case 0:13-cr-60068-JIC Document 3 Entered on FLSD Docket 03/28/2013 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
.
CASE NO.________ F
UNITED STATES OF AMERICA
18 u.s.c. 666
18 u.s.c. 2
---
F'L':: . ---.._
f t.."!"' l .!
vs.
..r --.... .. _,.,._, t:.(;. t

DAVID MCLEAN,
f.; ' ) ; ' : "'
f ' . 1. ;-_ ; :
Defendant.
__________________________ ./
INDICTMENT
The Grand Jwy charges that:
INTRODUCTION
At all times material to this indictment:
1. The city of Margate ("Margate"), which was created as a municipal corporation in 1955,
incorporated as a city in 1961 and was a unit of, and subject to the laws of, Florida, was headed by
a City Commission. The City Commission was comprised of five City Commissioners who were
elected "at large" by the voters of Margate. One of these City Commissioners was selected by the
City Commission to serve as the mayor of the city. These five City Commissioners also served as
the Margate Community Redevelopment Agency ("MCRA") Board which was created pursuant to
Florida Statutes, Chapter 163, Part 3 and established via Margate Ordinance 96-15 by the Margate
City Commission.
2. The largest funding source for the MCRA was Margate, which based its contributions to
the MCRA on the taxes it received from a designated "community redevelopment area" which
P42
Case 0:13-cr-60068-JIC Document 3 Entered on FLSD Docket 03/28/2013 Page 2 of 9
included the Atlantic Boulevard and Highway 441 corridors within Margate. The decisions as to the
amount offuriding provided to the MCRA weremaae oy tlie-Matgate--city Commission. The MCRA
Board approved the projects funded by and the entire budget of the MCRA.
3. In each of the fiscal years 2011, 2012 and 2013, Margate received direct benefits well
in excess of $1 0,000 under federal programs involving grants, subsidies, loans, guarantees,
insurance and/or other federal assistance.
4. Defendant DAVID MCLEAN was a City Commissioner of Margate, and, as such, was
a board member on the MCRA. On or about March 9, 2004, defendant MCLEAN was elected as
a Margate City Commissioner, was re-elected to the Margate City Commission in 2008 and, on or
about November 6, 2012, re-elected again as a Margate City Commissioner. Defendant MCLEAN
also was elected as Vice Mayor of Margate from March 16, 2011 and served until November 21,
2012.
5. Cooperating Witness # 1 ("CW -1 ") was a commercial property owner of a strip shopping
center in Margate and operator of an auto aftennarket improvement business within the center.
6. Cooperating Witness #2 ("CW-2") was a general construction contractor.
THE OCCUPATIONAL LICENSE
7. In or about the middle of 2011, defendant DAVID MCLEAN negotiated with CW-1,
who had experienced a number of adverse contacts with members of the Margate city government,
to rent property within CW -1's shopping center in order to open a bar.
8. On or about August 1, 2011, defendant DAVID MCLEAN rented property within the
shopping center owned by CW-1 and opened a business establishment named Dave's Tiki Bar.
9. On or about January 9, 2012, defendant DAVID MCLEAN agreed to help CW-1, in
exchange for payment, with acquisition of an occupational license for CW -1 's business and the
2
P43
release of a $2,400 lien which Margate had against CW -1.
10. On or about February 23, 2012, defendant DAVID MCLEAN escorted CW -1 to city hall
to meet with Margate officials to discuss obtaining an occupational license for CW -1 's business.
11. On or about February 23,2012, defendant DAVID MCLEAN assured CW-1 they would
have the votes on the Margate City Commission to approve CW-1 's occupational license, even
though MCLEAN may have to abstain from that vote, as long as the Margate city planner was in
agreement.
12. On or about March 21, 2012, defendant DAVID MCLEAN told CW -1 that he would call
the Margate facilities department to expedite CW-1 's occupational license.
13. On or about March 22,2012, defendant DAVID MCLEAN told CW-1 that, when the
Margate city attorney told MCLEAN that he could only "knock off' $500 from CW-1 's lien, "I'll
get more than that off."
14. On or about April 10,2012, defendant DAVID MCLEAN, in an argument with CW-1,
told CW-1 that "everything is on hold, it's off until I get what I want."
15. On or about May7,2012, defendant DAVID MCLEAN escortedCW-1 to Margate city
hall to meet with Margate officials to discuss obtaining an occupational license for CW -1 's business.
16. On or about May 16, 2012, the occupational license for CW -1 's business was approved
by the Margate City Commission.
17. On or about May 25,2012, defendant DAVID MCLEAN, for aiding the approval by
the city ofCW -1 's occupational license, accepted from CW -1 $1,000 in United States currency and
a release for Dave's Tiki Bar back rent, in the fonn of an $8,000 receipt for rent past due and owing,
that MCLEAN had not actually paid but owed to CW -1.
3
P44
THE MCRA PROJECT
18. In late 2011, defendant DAVID MCLEAN discussed with CW -1 making improvements
to CW -1's shopping center property, telJing CW -1 that he (MCLEAN ) was the head of the MCRA
Board and could control which projects got funded.
19. In late 2011, defendant DAVID MCLEAN explained to CW-1 that the MCRA had a
grant program wherein it provided matching funds for property improvement projects and that, if
he and CW -1 found a contractor who would provide an inflated estimate, they could use the 50%
award provided by the MCRA to pay for the entire project at CW -1 's shopping center so that there
would be no real cost to CW-1 and MCLEAN.
20. On or about January 9, 2012, defendant DAVID MCLEAN discussed with CW-1 filing
an application for the MCRA 50% matching grant and then phoned a Margate city employee to
have a grant application form put in MCLEAN's mail box at city hall.
21. On or about August 8, 2012, defendant DAVID MCLEAN met with CW -2, a contractor
who later produced a $17,000 construction cost estimate to complete the MCRA project at CW -1's
shopping center.
22. On or about October 4, 2012, defendant DAVID MCLEAN discussed with CW-1
falsely increasing CW-2's true cost estimate of $17,000 to $40,000 and, if the MCRA's 50%
matching check was greater than the actual cost of the work, splitting the overage between CW -1
and MCLEAN.
23. On or about October 10, 2012, defendant DAVID MCLEAN filled out the MCRA
project application for CW -1's shopping center by hand, falsely increasing the amount of the
estimate to approximately $47,705 and the grant request to $25,000, and then instructed CW-1 to
4
P45
redo the application in CW -1' s own handwriting so that Margate city officials would not recognize
the handwriting.
24. On or about October 30, 2012, defendant DAVID MCLEAN and CW-1 discussed
increasing the dollar amount of the estimate on the final application to $50,000, for a grant of
$25,000, which CW-1 did.
25. On or about November l, 2012, defendant DAVID MCLEAN explained to CW-1 how,
while abstaining from the actual vote, he (MCLEAN) orchestrated the MCRA Board vote in favor
of the $25,000 grant proposal applied for by CW-1.
26. On or about November 2, 2012, defendant DAVID MCLEAN warned CW -1 that, when
CW -1 got the MCRA grant funds from the city, CW -1 should keep it in his safe and "don't let them
track it so quick."
27. On or about November 2, 2012, defendant DAVID MCLEAN accepted $3,000 in United
States currency from CW -I, which represented a portion of MCLEAN's share of the difference
between the grant money approved ($25,000) and the actual cost, to CW-1, of the MCRA approved
project.
28. On or about January 30,2013, defendant DAVID MCLEAN accepted $2,000 in United
States currency from CW -1, which represented the remainder ofMCLEAN' s share of the difference
between the grant money approved and the actual cost, to CW-1, of the MCRA approved project.
COUNT ONE
(Bribery in Programs Receiving Federal Funds, 18 U.S.C. 666)
I. The allegations of this Indictment set forth in paragraphs 1 through 17 above, are re-
alleged and expressly incorporated herein as if set forth in full.
5
P46
2. On or about May 25, 2012, at Margate, Broward County, in the Southern District of
Florida and elsewhere, the defendant,
DAVID MCLEAN,
being an agent of Margate, to wit, a City Commissioner of Margate, Florida, did knowingly and
corruptly solicit, demand, accept and agree to accept anything of value from a person, that is,
approximately $1,000 in United States currency and a release, in the form of an $8,000 receipt for
rent past due and owing, for Dave's Tiki Bar, that MCLEAN had not actually paid but owed to CW-
1, intending to be influenced and rewarded in connection with a transaction and series of
transactions of Margate involving $5,000 or more, that is, the awarding of a Margate occupational
license.
All in violation of Title 18, United States Code, Sections 666(a)(l)(B) and 2.
COUNT TWO
1. The allegations of this Indictment set forth in paragraphs 1 through 27 above, are re-
alleged and expressly incorporated herein as if set forth in full.
2. On or about November 2, 2012, at Margate, Broward County, in the Southern District of
DAVID MCLEAN,
approximately $3,000 in Uni'ted States currency, intending to be influenced and rewarded in
connection with a transaction and series of transactions of Margate involving $5,000 or more, that
is, a $25,000 MCRA construction grant.
6
P47
---- ---------- .. ---- ... ----- --couNt TiiRE.E --
1. The allegations of this Indictment set forth in paragraphs 1 through 28 above, are re-alleged
and expressly incorporated herein as if set forth in full.
2. On or about January 30, 2013, at Margate, Broward County, in the Southern District of
DAVID MCLEAN,
approximately $2,000 in United States currency, intending to be influenced and rewarded in
connection with a transaction and series of transactions of Margate involving $5,000 or more, that
is, a $25,000 MCRA construction grant.
A TRUE BILL
~ ~ 1 1 1 u U A ~
WIFREDO FERRER
UNITED STATES ATTORNEY
NEIL KARADBIL
ASSIST ANT UNITED STATES ATTORNEY
7
P48
UNITED STATES OF AMERICA
CASENO. -------------------------
CERTIFICATE OF TRIAL ATTORNEY* vs.
DAVID MCLEAN
Court Division: (Serect one)
Miami _ Key West
-X FTL WPB- FTP
I do hereby certify that:
Superseding Case Information:
New Defendant(s) Yes
Number of New Defendants
Total number of counts
No_
1. I have carefully considered the allegations of the indictment, the number of defendants,
the number of probable witnesses and the legal complexities of the
lndictmenVInformation attached hereto.
2.
3.
4.
5.
I
II
Ill
IV
v
I am aware that the information supplied on this statement will be relied upon by the
Judges of this Court in setting their calendars and scheduling criminal trials under the
mandate of the Speedy Trial Act, Title 28 U.S.C. Section 3161.
Interpreter: (Yes or No) _ ___ _
List language and/or dialect __ ___________ _ __
This case will take --'- days for the parties to try.
Please check appropriate category and type of offense listed below:
(Cheek only one) (Check only one)
0 to 5 days
6 to 10 days
11 to 20 days
21 to 60 days
61 days and over
X
Petty
Minor
Misdem.
Felony
X
6. Has this case been previously filed in this District Court? (Yes or No) -bla...
If yes:
Judge: Case No.
(Attach copy of dispositive order)
Has a complaint been filed in this matter? (Yes or No)
Ifyes:
Magistrate Case No.
Related Miscellaneous numbers:
Defendant in federal custody as of
Defendant(s) in state custody as of
Rule 20 from the District of -------------
Is this a potential death penalty case? (Yes or No) __ _.N..:..;O:,._ _________ _
7. Does this case originate from a matter pending in the U. S. Attorney's Office prior to
April 1, 1999? _ Yes _X_ No If yes, was it pending in the Central Region? _ Yes _ No
8.
Did this case originate in the
NEIL KA ADBIL V
*Penaltv Sheet(s) attached

ASSISTANT UNITED STATES ATTORNEY
Florida Bar No. 219381
REV.6/27/00
P49
...... ..,. ........ v ... v '-'' v v v v v - . . ~ LJU\.,UIIICIIl .;) l::lllCI cu Ull rL.::>LJ LJUl,.;KeL U.:S/ Lt:J/ LU.l.:S t-'age ~ OT ~
PENALTY SHEET
Defendant's Name: DAVID MCLEAN
No.: ______ _
Counts # 1-3:
BRIBERY 18 USC 666
*Max Penalty: 10 YEARS IMPRISONMENT: 3 YEARS SUPERVISED RELEASE:$250.000 FINE
Counts:
*Max Penalty:
Count#:
*Max Penalty:
Count#:
*Max Penalty:
Count#:
*Max Penalty:
Count# :
*Max Penalty:
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessments, parole terms or forfeitures that may he applicable
REV. 12/12196
PSO
-Exhibit 3-
"1:1
Ul
-
EXHIBIT LIST
ASSISTANT U.S. ATIORNEY: NEIL KARADBIL
DEFENSE COUNSEL: EDWARD MCGEE
1 I City of Margate Charter
2 I City of Margate Comprehensive Financial Report (fiscal
2012
3 I City of Margate Comprehensive Financial Report (fiscal
4 I City of Margate Revenue Report (ending April 4, 2013
5 I City of Margate Ordinance 96-15 creating CRA (1996)
6 Margate CRA description (from City of Margate website)
7 Margate CRA 2012 board members (from City of
Margate website)
8 Mara ate CRA aooroved budaet fiscal vears 2010
CASE NUMBER: 13-60068
JUDGE: JAMES I. COHN
I Certified Public
Record
Certified Public
Record
Certified Public
Record
I Certified Public
Record
I Certified Public
Record
Holste
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I Gargano
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Photographs of ~ u g a t e shopping center at 246 North
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I Singh
10 A -8 I Photographs of Dave's Tiki Bar, 238 North State Road 7, I Singh
M
11 I Agreement for David Mclean to purchase Tiki Bar Singh
assets (July 1, 2011)
12 I Real Estate Lease for238 North State Road 7 (not I Singh
2011
13 I Real Estate Lease for 238 North State Road 7 (refused Singh
to si n Jul 1, 2011
14 I Copies of checks to Lutchman Singh from DMI Singh
Administrative Services for $5,120 and $1,590 with
Suhandron and Mclean driver's licenses (July 1, 2011)
15 I Real Estate Lease for 238 North State Road 7 (signed I Singh
2011
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2011
Third Three Day Notice to Pay Rent (October 14, 2011)
City of Margate Resolution 11-944 (August 15, 2011)
City of Margate lien records re Lutchman Singh
Januarv 4. 2012 audio record
Singh
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for Autotronics
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-Exhibit 4-
Date of Recording:
Time of Recording
Type of Recording:
Participants:
Abbreviations:
January 4, 2012 if lf
12:24 pm
audio
DM:
CS:
UM:
[Ul]
[PH]
[SCJ
[OV]
David McLean
I .utchman "Chris" Singh
Unidentified Male
Unintelligible
Phonetic
Simultaneous Conversation
Overlapping Voices
[Background noise throughout]
DM: They called me up and asked me if I was here. I said, ''Yeah." They said, "Can we stop
by?" I said, ' 'Sure: Let them have c.offec out here.
CS: Who's that?
DM: Alcohol Beverage.
CS; l .Jh-huh.
DM: So, they got here and they said, urn, ''Uh, we just wanna check your coolers." I said,
"'Well, what do you think, I opened?" He said, "Yeah, I thought you guy, I thought you
brought everything do-wn that you had.'' I said, "'No ... " I said, "I couldn' t, I had nothing
left. I, 1 been closed since you guys were here last Thursday. ''Oh, okay, okay, not a
problem." So, uh, he says, uh, "You get my receipts together for me?" I said, "I'm
working on it now." He says, "Alright, well, uh, try to get ' em to me on, for Monday, if
you can. " I said, "Alright, not a problem.'' He says, uh, "Well, we' re not here trying to
bust your balls," he says, "but when somebody tips us off, you gotta, uh, act on it." l said,
"I understand."
CS; Somebody tips them off?
DM: Yeah, with Margate Ncws.net.
CS; Ah, that's what it.. .yeah. but Margate News said that somebody .. .
P6I
DM: It was Cam [PH].
CS; Oh, he's the tipster?
DM: Yeah. So ...
CS; But, he was here?
DM: No, Margate News dot net.
CS; No, but how does he know, how do they know?
DM: Because it's public record. Margate News.net went online .. .
CS; Uh [OV].
DM: ... and seen that, uh, I was on no-sale with Budweiser. So, he called alcohol beverages and
said, you know, "He's under investigation."
CS; Oh [OV] .. .
DM: They, they didn't say yes or no because they don't do that.
CS; Right.
DM: But, the guy told me today, the agent, he said, "Listen, after ... he put this, he put the cart
before the horse."
CS; Mm-bnun.
DM: And he said, "We had no choice but to investigate." He said, "We didn't know." He goes,
"We don' t do that" He goes, "Everybody's on no-sale. There's a lot of places on no-sale
'cause they don' t pay it and not even a bounced check they don't pay because sometimes
they sign for it and then they don't pay t , ~ you got two weeks to pay it with any alcohol
beverages company, you got two weeks, like Southern, they give you two weeks, fourteen
days . ..
CS; Mm-hmm.
DM: .. .If you don't pay it within that fourteen days, by law we' re required to send the invoice
to Ta1Iahassee and then Tallahassee puts you a no-sale."
CS; Right.
2
P62
DM: So, urn, he says, "We don' t look at that every single days because one day you maybe on
no-sale and then the next day you pay it and you're off, you know, s-, we really don't go
on that." He said, "But, because he brought it to our attention, we had to." He says, "How
do I politically say, how do I c-c, urn, politically say this correctly?" And I, he goes, "He
put the horse, er, the cart before the horse."
CS; Who' s that?
DM: Uh, Mitch, by calling and saying, you know, (directed to someone else-we don't open 'til
four o'clock now, guy. Happy New Year.)
UM: Okay.
DM: Just want to let you know.
UM: [VI].
DM: How you doing, man?
UM: [UI].
DM: Happy New Year!
UM: Happy New Year to you.
DM: So, anyway, that's it, so I think, I got, I got somebody that' s gonna give me some money
today but I won't have it ' til the end of the day and I wanted to be able to get off no-sale
by twelve. It's one, twelve-thirty now, so I can get deliveries tomorrow. But ifl can't get
it until today then, tomorrow's what, Thursday? I'll get deliveries on Friday. It does have
heat, I turned it on.
CS; Yeah, I told you it had heat [OV].
DM: I didn't know that.
CS; I wonder if this is genuine. Doesn't say Harley Davidson it's probably a fricken knock off
[OV].
DM: You want coffee?
CS; Y eab, I wanna have coffee. Oh, wait, ah, registered trademark.
DM: Yeah. It's good.
3
P63
CS; He got in a car.
DM: (Uh ... that refrigerator's open) . .. so, looks like anyway from here. I'm leaving here in a
few minutes. I gotta go to a funeral, to Kay Stevens, that lady, the movie star.
CS; Uh-huh.
DM: It's up the street here. I'm gonna go home and change.
CS; Okay, um, what am I try saying?
DM: And then I got, uh, I got these Russians that are, uh, friends of friends ...
CS; Mm-hmm.
DM: ... they, they're supposed to meet me tomorrow so, they may, they wanna come, they just
wannabe p-part of the company. They don't want no invest-, they don' t wannabe, they
don't wanna do any everyday shit ...
CS; Right [OV].
DM: . .. they just wanna put money in over here.
CS; Mm-hmm.
DM: So that they can have a, get a green card. So, I told ' em I need two hundred thousand so I
can get a liquor license and the guy, the one guy tells me, well, he's got four hundred
thousand in the bank over here in America so thafs not a problem, that's petty so, we'll
see. See how true, true to the thing it is. So, we'll see.
CS; What, didn't, didn't you have some other Canadians or somebody you said that was
gonna [OV) .. .
DM: Oh, yeah, I had, but I think that was, I don't know if that was a jerk-off or not. I haven't
seen him since. I think he was the one that turned, turned us into the lights. I think he was
stroking us, the Canadian guy.
CS; Oh.
DM: I haven' t seen him, I haven't seen him since that day. Said he was gonna come back and
talk to me, the guy with the black Mustang.
CS; Yeah, and who [OV] ...
4
P64
DM: Haven' t seen him since.
CS; ... the guy you said had a lot of money or something like that [ OV]?
DM: Yeah, he does have a lot of money. He bas a lot of money. We'll wait and see.
CS; Haa, this is 2012, we gotta make, we gotta make (OV] ...
DM: I know, we gotta, I wanna get, I wanna get it done before Super Bowl.
CS; When is Super Bowl?
DM: February second. That's my goal to get everything taken care of, get everything up and
going, pay everybody off[pause]. Take the food out ofhere, putting everything back
there. Everybody's paying for everything from tllis point on. There ain't no more fucking
freebies for anybody. If they wanna fuckin', uh, they gotta buy me a beer, fuck that! Ifl
ain't got the money, ifl ain't got the money, I'm not drinking, that's gonna be, that's the
new motto. I'm gonna put the hot dogs in the back, crock pot with, uh, whatever and then
on the weekends, we'll do the clams, Friday, Saturday, Sunday. That's it. Steamers or
whatever. That way we don't have to have them here all fucking week. I know I gotta do
it, we open at four o'clock every single day and, except for the weekends, we'll open at
noon on, uh, Friday, Saturday, Sunday. I just did, I was doing my books, we'll save
almost fucking five hundred dollars a month by not having a fucking daytime, just a bar
tender, not, let alone electric, everything else. So, I'll open up at four, I'll work four to
seven and let everybody know I'm here until we get the, 'til we build it and then the new
girl coming at seven o' clock at night, seven to, to closing, two o'clock and we're gonna
close at two not fucking twelve, two.
CS; Mm.
DM: And I'm getting rid of Amazon.
CS; Mm.
DM: So ...
CS; The, the tall girl.
DM: Yeah, the one, I was doing all the books last night, I'm telling you, she don't ring
nothing! She' s the worst fucking ringer I got. She rings nothing. Fifty-four dollars, I
mean, when, uh, Tracy's here, no matter what, it's a hundred dollar ring, no matter what.
CS; Well, she's the one that got you fricking, uh, whatchamacallit, that made you get busted
5
P65
with A-ABT ..
DM: Yeah, but she didn't mean to but the dumb ass put the fucking receipts under the fucking
drawer. Shouldn't have been there. If they didn't have that, they would have had nothing!
They would have had nothing. And then the guys says, the one guy, th-he was the good
cop, bad cop, you know, they put, the young kid goes to me, uh, "What's that Tiki Select?
You got Budweiser Select underneath there." I said, "Well, Budweiser made that for me."
He says, "Well, then it has to say Budweiser." So, look what I did. [Pause] So, that's
legal.
CS; Tiki Bar Select?
DM: So, while he was here, I did that.
CS; Well, oh, so, maybe they could make a new plastic Tiki Bar Select. ..
DM: Yeah, they will.
CS; .. .instead ofBudweiser.
DM: Yeah, they will. But I just did that to shut em up. I said, "Are you re-really, eh, eh, why
you nit-picking for?" And he's coming in with the fucking flashlight and so, when he c-,
when they call me, I s i d ~ "Yeah, I'm here. Come up ifyou want. I'm having coffee." So,
they come in and I say, "To what do I owe this visit for?" He said, "Well, we' re just
checking." I said, "What, y-you think I'm gonna go to the store and buy beer?" I said,
"I've been closed since the day you guys been here." oh, you have?" I said, "Yeah," I
said, "go back there and check all you want."
CS; [Laughs] Sucks. Fucking scum bag, man.
DM: And Mitch, w-, he needs a beating though. He needs a beating.
CS; [UI) [OV) .
DM: I normally don't do that, but he needs a beating.
CS; The, uh, whatchamacall [OV) ...
DM: The guy from Margate News.net.
CS; That's his name, Mitch?
DM: Yeah.
6
P66
CS; Well, he' s gonna cross the wrong path sornebody's gonna, somebody's gonna have to
take care of him, I guess. The problem is, be's fucking with you in all of that.
OM: Mm-hmm.
CS; I mean, [UI] does he write about anybody else?
DM: No, no, this is his little blog.
CS; No, saying, but does he write about anybody else?
DM: No, just me.
CS; He loves you. You and him ba-, probably it's, it's like Mahoney and me [OV].
OM: I but, but I never had a prob-, I mean, I've never done nothing to this guy.
CS; Reminds me of Mahoney. Is he an old guy, young guy, what is he?
OM: No, he's, uh, my age.
CS; Oh [UI] [OV] ...
DM: But, he's, he's a biopol-, he's bipolar and he's a tucking alcoholic. He's drinks like a
fucking fish everyday [OV] . . .
CS; Ha.
DM: .. .like a fish. [UI] stop at Mug Shots, drink three, four beers, then go the liquor store and
get the nips and do like, four of those, then go somewhere, go back to the liquor store, get
three more nips. He's fucking hammered by the end of the day. Gotta catch him. I gotta
catch him. I gotta get my boy, either, er, uh, Fernandez on it, or Hernandez.
CS; Who that, the cop?
DM: Yeah.
CS; He drives? Oh, instead of the [UI] well, like, send him to give him a OUI or something?
DM: Mm-hmm. We almost had him one night. The cops let him go. I almost had him. He was
drunk as a fucking hoot owl. He couldn't even fucking stand up and they Jet him go. I was
so fucking pissed. I told the police chief. He said, "We' ll get him. Don' t worry, we'll get
him. Don't you get involved."
7
P67
CS; [Laughing].
OM: Alright, I gotta go change.
CS: Uh ...
UM: [UI] yesterday.
CS; But how much . ..
UM: The big, big guy, b-black guy?
OM: Yeah, yeah, where was he?
UM: Walking down the street. Fucking feet are [UI] or something he was walking [OV] . ..
CS; How much, how much money does he, he need to get going? To get back on it?
OM: A thousand bucks. Nine hundred and something bucks. That's just so I can get off the
no-sale list and then I can have beer delivered the next day.
CS; Let me do so- [OV] ...
DM: That' s what holding me up.
CS; I'm gonna do some crunching, I got, I'm gonna some . .. what, what is it, what is the,
what's the business worth?
DM: Ah, [noise] nothing, to be honest. I mean we could, we could tell him it's worth fifty
thousand but we' ve only been open four months. How you tell somebody fifty thousand
[OV] . ..
CS; Yeah.
DM: ... and it' s only been open four months?
CS; No, I'm thinking ifthere's a direction that we can go. Tum around and, and head a
direction. That's what we're trying to get a feel for it, what it's worth or, [UI] it's worth,
e-even for me [OV].
DM: If, if the dumb ass, if the dumb ass wouldn' t backed out on me, money wise, we would of,
we would have been going. We wouldn't had had a problem [noise] here. But how do
you, how do you kick off a business and then four weeks later say, "I'm not given you
8
P68
nothing," I mean, how do you do that? You gotta have at least six months of fucking rent
ready to go. That's what pisses me off. Puts me in a predicament like this.
CS; Well.
DM: Get some coffee if you want 'cause I'm gonna [OV] [UI].
CS; Yeah, I'm gonna get some coffee but, here's what...[UI].
DM: No, no, I do my books and I wanna get my taxes done [OV).
CS; Ob, God, I came back late too. Was thinking is, urn ...
DM: And that's, ob, eh, you know what? That's the other thing, my, uh, my income taxes, the
city's income tax will be coming. I get like, fifteen hundred bucks on that. So, I was, use
that for stock. But, I wanted to see when our W-2's are gonna be ready. 'Cause then I can
borrow on that.
CS; Mm. What time are you coming back from the funeral?
DM: Uh, it starts at one-thirty, I gotta be there at one. I gotta carry the casket.
CS; Mm-hmm [OV).
DM: So, 1-I'll be back here by probably two-thirty.
CS; If you make it, a, a literal, actual, make it a real effort [noise] to get back here, give me a
time, because I got shit that I'm doing, working on, but I'll be here. Not going
anywhere ...
DM: Yeah, yeah.
CS; . .. tell me a time frame, I'm gonna try to free up what I'm doing.
DM: Let's say, let's s-, latest three-thirty, let's say. I mean it's only gonna be an hour there but
then I gotta go home and change and come back. I'm not coming up here with a suit on.
Here some milk. Oh, you don't take milk.
CS; No.
DM: No milk.
CS; I-I mean, like I said, I have a couple of suggestions, things that we could probably work it
9
P69
[OV].
DM: How many sugar do you want, one?
CS; No, no, no, no sugar.
DM: No sugar?
CS; I usually use, I usually use a half Splenda or something, but...oh, cool a light socket.
D M: That fucking thing went out again.
CS; It did?
DM:' Yeah, I gotta wait for Joey.
CS; It-it's probably [UI]. Oh, you're, [noise] the back door's closed.
DM: Oh, no shit. Oh, well you gotta walk [OVJ ...
CS; Walk around.
DM: Yeah. What's wrong with this thing? Does it run?
CS; Yeah, fuel pump went bad. I-I had to take it up to change it. I guess Jaime's not here yet.
DM: I can't believe that [OV].
CS; [UI] look what they do. They keep breaking the shit down. But, urn, so let's meet around
two-thirty, three o'clock.
DM: Okay.
CS; I'm gonna see ifl take like, a half hour before and try to [UI] some stuff together.
DM: Alright.
CS; And I'll tell you what, uh, what we possibly do or not do or see if we can come up with a
plan, to make some-, I'm right here, to make something happen.
DM: [UI] lt's the wind. One day, two days [UI] [OV) ...
CS; I know.
10
P70
DM: [UI] yesterday. Get it. Alright.
CS; Alright.
11
P 71
-Exhibit 6-
Date of Recording: January 11 , 20 I 2 -=if 6
Time of Recording: 12:12pm
Type of Recording: audio
Participants: DM: David McLean
CS: lutchman "Chris" Singh
FS: FrankSchwartz
Abbreviations: [UI] Unintelligible
[PH) PhonP.tic
[SC) Simultaneous Conversation
[OV] OverlappingVoices
CS: Absolutely, the well actually I was thinking if he,
FS: If he give you that money.
CS: How long you have to pay the fine?
DM: I got four, four weeks. Oh wait, he ah 1 won't Pll get it in the mail like four weeks and
then I can call them.
CS: Four weeks?
DM: Y cah, I get the hill in the mail in four weeks and then he says you can call up and work a
deal out where you can pay it over six months.
CS: Yeah, but you even want to do that because [UI] uh g ... uh thousand dollars.
DM: Yeah, yeah.
CS: Right and ...
DM: Yeah.
CS: You got uh thousand dollars coming to you anyways.
DM: Yeah and hopefully by that time.
CS: Well.. .
P72
DM: We'll have our deal done.
CS: But that's the thing, but I don't have uh thousand dollars [UI] anyway.
DM: Sure.
CS: So, that'll cover that you know. It should looks, looks good on your part. When you,
when you have to fucking extension favors ah you already did that, so you want a favor
for next time!
DM: Yeah.
P73
Date of Recording: January 11, 2012
Time of Recording: ]2:12pm
CS: Lu1chman "Chris" Singh
FS: Frank Schwartz
Abbreviations: [UI) Unintelligible
[PH) Phonetic
[SC] Simultaneous Conversation
[OV) OverlappingVoices
CS: Absolutely, the well actually I was thinking if he,
FS: If he give you that money.
CS: How long you have to pay the fine?
DM: I got four, four weeks. Oh wait, he ah I won't I'll get it in the mail like four weeks and
then I can call them.
CS: Four weeks?
DM: Yeah, I get the bill in the mail in four weeks and then he says you can call up and work a
deal out where you can pay it over six months.
CS: Yeah, but you even wouldn' t want to do that because [UI] uh g ... uh thousand dollars.
DM: Yeah, yeah.
CS: Right and .. .
DM: Yeah.
CS: You got uh thousand dollars coming to you anyways.
DM: Yeah and hopefully by that time.
CS: Well .. .
P74
DM: We'll have our deal done.
CS: But that's the thing, but I don' t have uh thousand dollars [UI] anyway.
DM: Sure.
CS: So, that'll cover that you know. It should looks, looks good on your part. When you,
when you have to fucking extension favors ah you already did that, so you want a favor
for next time!
DM: Yeah.
P75
-Exhibit 7-
Date. of Recording:
January 12, 20 12 -1;:-7
Participants: (5: lutchman "Chris" Singh
OM: David Mclean
[PH] Phonetic
[OV] Overlapping Voices
DM: Here's my deal and please don't pass this on. Don't pass this on.
CS: To who?
DM: To anybody.
CS: Ohok
DM: They repo cd the car today.
CS: Whose car?
DM: My car.
CS: Oh.
DM: Alright And ...
CS: Nobody knows anything?
DM: No, but let me tell you ..
CS: I mean, who knows? I just want to know.
DM: Frank and me.
CS: Ok.
P76
OM: 200, I owe $245 and they repo'd it.
CS: What repo company was it?
[DM talks to UF]
OM: So listeQ., so listen I went down, I got it all straightened out. What pisses me otr, I had my
W-2 fonn ...
CS: In the car?
D M: Yeah. I had to go down and get it. I got the taxes done, I'm getting $1400 back. I got to
pay them $800.
CS: Why they want that?
DM: They want extra.
CS: No, they want a repo fee, yeah.
DM: Well the repo fee is 325.
CS: Who is, who repo'd it?
DM: I don't know who the. company is. But urn, make a long story short um, the guy was
really, really nice. The repo guy that owns it is very fucking nice.
CS: It's not Dedicated right here?
CS: Oh cause if it is I can take care of it..
DM: No I know, I know stuck without a vehicle this fucking guy to get vehicle. I know, I
know. So to make a long story short, I'm stuck without a vehicle until fucking Monday.
Till I can get my extra, my money from there. I need a vehicle
CS: Urn, I just got all the parts for the Integra.
DM: Why the Integra? Can't I Just take the orange van back and forth?
CS: The Integra will be ready tomorrow. It's driving, everything is good. The whole door, the
driving door is apart because the window motor. That's the only thing that doesn't work.
DM: Oh it ain't nothing.
CS: Which is good because it has a for sale sign on it so people see it.
P77
DM: Yeah, yeah.
CS: So it helps.
DM: So that's what I need, that's alii need. Urn, and I'm not going to drive all around or
nothing. I just need something to get back and forth.
CS: Yeah. You also got to tell people that you got somebody, somebody you know wants to
buythecar.
DM: That's fine.
CS: I gotta sell it. It's one of your buddies, fucking guy says he wants your car so he can take it
home.
DM: Yeah, rm just saying my car, my transmissions being redone. If they ask anything. That's
what I'd say.
CS; Aamco's doing the transmission. You gotta have a name. Aamco.
DM: No. Japanese Auto. I have a boy down there.
CS: His name comes up and he shows up here at the bar. Just say I don't know, nobody know
that.
DM: Oh ok. Ok.
CS: You gotta go to somebody that nobody knows.
DM: Right, right. Let me give you another story. Fucking Dave um ...
CS: Black Dave?
DM: No, no, no Dave the homeless guy. The uh, you know who rm talking about? Riding the
bike? Over there on the outside bar.
CS: Yeah. Yeah, yeah.
DM: In the black shirt.
CS: Yeah.
DM: He stays in ..
3
P78
CS: Yeah.
DM: He said that uh, Mitch ...
CS: Who's Mitch?
DM: The one that fucked me. Mitch, Margate News.
CS: Yeah.
DM: Um, supposedly he's getting ready to tum evidence on some drug dealers. And uh, they're
gonna take him for a ride.
CS: They're going to take who for a ride?
DM: Mitch.
CS: Oh the drug dealers. Cause he's, he's going to write about them?
DM: Yeah.
CS: Well how does the homeless guy know Mitch?
DM: No, he who knows who. Yeah, yeah, yeah. Oh no, yeah he knows. So he told me, I said, I
said listen, I don't, I don't want to know too much, but I said is it urn, 30, 60, or 90
days?He said less than 30 days. His (UI). If that happens, oh my god, I told him he'd drink
for free the rest of his life.
CS: Who?
DM: Dave.
CS: He, he knows the drug dealers that he's turning in? They'JJ probably be in the clear.
DM: lknow.
CS: Because he's the only one that really talks and writes about shit. You know he wrote
about me?
DM: Yeah, yeah, yeah.
CS: I still hear about it.
4
P79
DM: So that's where we're at. And did you see when he wrote about me he had to, he had to
talk about the fucking lap dancing here. There's no reason for that.
CS: When you told I looked, I went and looked it up.
OM: I know, it's terrible.
CS: What he's doing is he's ruining the location, forget the business, so now he's not only
hitting me but he's ruining the location.
DM: Yeah, yeah. So we'll just play it by ear, and that's where we're at. So if that really happens,
oh my god, that will be fantastic. But in the mean time this weekend, between now and uh
the weclcend, I really want to, I really want to do this fucking ground for you. That's me,
let me do it. I owe ~ I owe money, let me at least do it.
CS: (Ul). You see how we, no we have to, you see how the guys painting this?
DM: Yeah, yeah.
CS: I mean I know you need ...
OM: It's coming through, It's coming through.
CS: Yeah, yeah. We need (UI). Uke all these little cracks and stuff, we're really supposed to
have ...
DM: Sealed lt.
CS: Yeah.
OM: Gotcha.
CS: Like I don't wanna, I wanna buy the thing, cause I
DM: Sand It yourself.
CS: Yeah, yeah, yeah.
DM: And you seal It.
CS: Yeah, yeah, yeah. So rn get there, you know. Meaning I'll be able to do shit.
DM: So listen, listen honestly lfl'm here In the morning at least let me open up for you and,
5
P80
and do something where I'll say you know
CS: He'll be here.
DM: The boss is coming In, I'm here.
CS: Yeah. No, we'll have to do that. I'm going to do that. That's something I've been thinking
about anyway.
DM: Because I'm not gonna, I'm not gonna charge you Moe. I'm here, rm here anyway.
CS: Yeah Just, because you don't even have to sit ln for most of the time either, no one's here
this early.
DM: No exactly. But you got to put a little ringer In, ln my place so I can (UI) .
CS: Yeah (Ul) .
DM: Yeah, like you got everything else. Absolutely, absolutely.
CS: Ok, we gotta do that. Um ...
DM: Yeah because uh, you know what, you get, either that or change the fucking hours on the
door. Because it looks stupid.
CS: I know it, you're right, you're right. Cause even like when you were closing people would
walk up just like you said.
DM: I know, I know.
CS: People come up and are like, oh again like ...
DM: And I tell them, I tell them you know, he's out on the road, you know but I can't keep
doing it.
CS: And what I have to do too is I don't like people constantly calling my regular cell. What
happens when I (UI). Maybe I'll do this same phone and I'll get another phone for
personal.
DM: Yeah, yeah switch it over.
CS: Use this one, the 448, everybody knows, it's already known.
DM: Yeah, cause they got it.
6
PSI
CS: Right. here. And te11 them, and put the number on the door. Oh. right, Or you could even
give the customer the (UI) if he not
DM: Do, do, do like he does down there.
CS: Jamie, followed by his number, yeah.
DM: Yeah, cause that's all you want.Iamie (UI). They cover, he covers his ass.
CS: He does. He puts a sign on ...
DM: Yeah and, and if somebody, and if somebody else says something rn just say he's on, on
the road.
CS: Yeah.
DM: So we gotta, we gotta work on that. Because I'll tell you, you're losing some business.
CS: I know, I know. No I realize that. I mean I, I got here at 4 o'clock today.
DM: I know, I know, I know.
CS: Um, is there a time limit for the application, there's no time limit?
DM: No, no, no, no, no. But I just wanted to ...
CS: I read it, I kinda have an idea, but I just want to make sure, I don't want to fuck it up.
OM: We'll go through it, we'll go through it. And I'll make sure Ben goes through it with us.
CS: Yeah, yeah, yeah. Did you, you didn't get (lA).
DM: Not yet, not yet, not yet. I will.
CS: Cause I think he's the guy that's going to be able to help us.
DM: Yeah, yeah. We'll push it through.
CS: Make it happen.
DM: Alright.
CS: Alright dude.
7
P82
DM: Alright, get some sleep.
CS: lam.
DM: I'll see you in the morning.
CS: Alright. Ah, what am I driving?
8
P83
-Exhibit 8-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
~
January 19, 2012 3'
!0:44pm; 10:59 pm; 11:05 pm; 11:11 pm
audio
CS:
DM:
[Ul]
[PH]
[SC]
[OV]
Lutchman "Chris" Singh
David McClean
Unintelligible
Phonetic
Overlapping Voices
DM: I was with the, uh, Waste Management guy today at the dinner.
CS: Uhhuh.
DM: So I told him I said, "I think we're gonna, urn:' I said," We're having a little problem
ever here again." I said, "W c 're, we have no service and he's still getting bills, and
they're billing 'em up." I said, .. Um, I'm thinking about doing away with his dumpster,
and I'm gonna get a dumpster at my place."
CS: Right
DM: And he, he'll probably get us a rock bottom price.
CS: That'll be good So, I.
DM: So we can do away with yours.
CS: Get 'im. can you get 'im to wash out my bill?
DM: I,IwiHtry.
CS: Because 1 told them I have no problem paying up until August, when we were really
getting, you know ....
DM: Right, right.
CS: regular pickup. And I said, "I have no problem paying that, but I want a final biH showing
t h a t . ~
P84
DM: Right, right.
CS: I don't wanna pay it and then still be billed. Ifl, I'm gonna be billed, fuckin' bill me.
OM: Yeah, yeah, yeah.
CS: You know what I mean, like, in other words, when I get bad credit, it might as well be
bad credit.
OM: Where you going? The car, car's right here.
CS: I know. I'm putting this in the car.
DM: Oh.
CS: [UI] this.
[Traffic noise, car alann in background].
CS: Ooh, this battery's dead.
[Sound of car door being op$1ed/closed].
CS: Holy shit, awh, this battery dead. Yeah; no, if he can fuckin', if we can get rid of that bill
that'll be nice. Urn, yeah, I, I don't have a problem paying, I told 'em I'll pay you for
when [UI].
DM: Yeah, yeah.
CS: But fucking, you know, getting somebody to fight pick the shit up, who the fuck, you
know, why they doing this.
. ~ ~ ~
10:59 pm
DM: You know? Now, the guy that I owe the money to that invested in the other bar, he's
saving money up to nm a mailer to all the residents in November. He's gonna write, he's
gonna send out a postcard not, to tell them not to vote for me. So, I gotta be on top of it,
so what I'm gonna do, I've talked to my attorney I said, "Listen, about another two
months I should ~ caught up here, I'm trying to get some money out of Ken, if I don' t
get it out of Ken I'm gonna get it out of the Russians, get everything caught up and, uh,
start sending him a 100 bucks a month." Just to show I'm gonna send it, my attorney
will send it at, I'll give my attorney the 100 he'll send it to his attorney.
2
P85
CS: Right.
DM: And then if we go on the campaign trail,. and this guy tries to get up, I'm gonna say,
"What are you talking about; I'm making payments to ya' ." You know? 'Cause that's
what gonna happen.
CS: [UJ] [OV].
DM: 1bat's the only one I have to worry about so I have to ...
CS: Long as you have the payment going, you'll be fine.
DM: even ifit's $50.
CS: So ...
DM: As long as being made.
CS: So, I was gonna ask you that, so how was Ken when he saw the place how you had
everything nice and?
DM: No, he, came in and he says to me, um, in the back, he well, you know, hugged me and
said, "Hey how you doing.'' His wife made a big cake for Jeanine and said, uh, "How's
things going?" I said, "Well tell ya' the truth, I said it's a birthday party and I really
don't wanna talk to you about business right now because I don't wanna ruin the party;"
I said, "We'll talk." I said, "We're gonna have to, have lunch and sit down because
things aren' t going well."
DM: Okay, okay. So, I'm just trying to get everything leveled to the point where I can present
it to him, cause J just did all, I, all the taxes are due. I gotta, we gotta pay the taxes, I
gotta pay you, I gotta pay, urn, FP and L.
CS: Yeah.
DM: That's coming. That's coming I'm, I'm hoping they don't come tomorrow. They come
to 1, I haven't paid the electric since we turned it on. But I got no bill.
CS: But [UIJ.
DM: No nothing. Haven't, got nothing. So I don't know what the fuck's going on. I hope
they don' t come tomorrow. If they come tomorrow I'm gonna be fucked.
3
P86
CS: Why they gonna come tomorrow?
DM: ' Cause, Friday, it's a Friday. They come on Friday.
CS: Yeah, but they didn't come last Friday.
OM: No, but they normally, it's we're into the second or third week of Dec.; of Januaey now.
The month, the last two weeks of December and the first two weeks of January,
they usually let everything go because of the holiday. I, I got a feeling they' re gonna be
here tomorrow.
CS: Yeah, but, remember, if they shut, they close your account, then they shut you down, they
close you down, like remember when they did with me?
DM: Yeah, yeah. Yeah, but, uh, they're gonna they, when they do come read the meters
they' re gonna see that 1t was being used.
CS: Well they,ll only read the meter if, ifthe, ifsomebody's bill is not paid or something.
Anyway we go. ahead and get a small bill.
DM: I don't know, I don't know.
CS: I gotta pay mines on time.
DM: So, but it' s gonna be a small bill this month cause I've had the A/C off, so it's gonna be
a small bill. But, um, I asked Jeanine if she got the bill at the office, did they use our
deposit to pay off the last bill? She says, ''I haven't got nothing." So, I don' t know
what the fucks going on.
CS: [Clears throat] So ...
DM: And I don't wanna call 'cause I got no extra cash right now.
CS: Right.
[Pause].
DM: That's Joey.
CS: [Mumbles] Right.
DM: He' s working with Jerry today.
4
P87
CS: Yeah, yeah, I heard him talking about it. He was telling me that you need some extra
money. But, um, so how much would it be? How much is it normally and, and ...
DM: It's gotta be, well it's, when they shut if ~ it was like 475 bucks, when they shut it off.
It's been one month since then.
CS: It's normally like 400 bucks a month?
DM: Well no, it Was high because we had the air going and everything.
CS: Well what's the, what's the going rate?
DM: Uh, about 300 a month,
CS: David, think so it's probably seven, 800 bucks.
DM: Yea. Yeah, but I guess if they shut"it tomorrow it takes 24 hours to get the fuckerback on.
CS: Ohh.
OM: And if they yank the meter, I'm fucked.
CS: And we, and what about, uh, Comcast?
DM: Comcast, I got them coming and taking it out tomorrow, I got Direct TV coming in. And
then if they, uh, if they, they're just taking the equipment outta here, the boxes. I got
everything wired directly right now.
CS: Yeah, but they can't fuck with the wires. If you ...
DM: No, and if they do I'll just hook it up next door.
CS: Yeah.
DM: I'll plug it into theirs until...
CS: But they, they can't fuck with the wires because, the wires, you own the wires.
OM: Are yours. Yeah, but I'm saying, it they cut.
CS: Yeah
DM: It from the pole.
5
P88
CS: Yeah.
D M: ... then I will just take it right here, and plug it into theirs next door to get through the
weekend, I have to.
CS: Oh, they have, they have Comcast next door.
,,
DM: Yeah, yeah.
CS: Oh, okay, no what, what service they have, they have premium, they get?
DM: No, I don't, I'm not gonna go premium I'm just gomia have, just so I can have antenna,
like right now that's what I got here. Those are just regular channels. I don't get high
channels, I get local.
CS: Okay.
DM: Uh, I get Jike ten channels. That's it.
CS: Oh, so you have.
DM: For now. Yeah. Could I have another one? You want one?
CS: Nah, nab, nab.
DM: No?
CS: [UI].
DM: Alright. Go head, go home.
CS: No, no, that's it. I mean, the only real, the only real headache you have to really worry
about right now is fuckin' that you haven't.
DM; Yeah, I, I think, I think Ken would give me $10,000, at least give me 10. Give me 10 I
can give you five, and then start paying you weekly on my rent, pay you weekly so we
stay on top of it.
CS: I was gonna, yeah, maybe that might be a good idea.
DM: It'll be a very good.
CS: Very good I need the cash.
6
P89
OM: Yeah, yeah.
CS: And I really, you know [Noise] ifl don't have the week to be here fucking $2,000 a
month.
OM: A month, right.
CS: Um.
OM: Exactly. I gotta go pay my insurance tomorrow, she called me today. I gotta go pay
that tomorrow.
CS: And the car payment you're caught up with [UI].
OM: I paid all that, yeah, I paid all that.
CS: And paid the extra they wanted, all the [UI].
DM: Yeah, I paid everything. I had to pay fucking, the repo guy. he knocked a 100
bucks off for me. He was nice . . And, uh, l told him come and have a couple beers.
And now I got my income check coming but I gotta pay my rent on that, for the house.

11:05 pm
CS: It's in the driveway. [Yawns] So you gotta,l been trying to think bow you gotta, you
gotta try to walk on it, you gotta keep, basically what you got, what you got to do, is you
gotta know what, what number you have to, have as a backup number.
DM: I know. But we got Superbowl coming.
CS: Your backup number is a $1,000 I think.
DM: Oh, I know.
CS: That's what it sounds like.
DM: Yeah, yeah. thafs what I need.
CS: FP and L that you got to have a.
DM: And I got, I got all the beer stocked and, and I restocked what I bought. I bought the
wine, I got the wine in. This is paid all off.
7
P90
CS: Does it sound, does it sound like, Ken sounds like he's, get onboard?
DM: Y Yeah, I think he was letting me struggle to see how I would make out a way or
something.
CS: But he looked, I mean he should have seen all the shit, fuck, look, look he go.
DM: Yeah.
CS: I'm, would have showed you have breath.
DM: Yeah, he was but I didn't really get too much involved with him, because I didn't wanna
start talking to him about it, 'cause I didn't wanna do that. I, I said it's not the time to
talk about it.
CS: Well I, I saw him, I walked in and I didn't know he was there and I was like, oh, shit so I,
I just walked really fast.
DM: Oh, you seen him?
CS: Yeah, I walked really fast.
DM: Oh, I didn't see you at all.
CS: I walked reaUy, well that's why I left because I said you know what, he's probably gon.na
[UI] right now I ain't, I don't wanna fuck with you.
CS: And I don't like shaking up there anymore or even look at him, like you, you know? So
I say, "Oh, shit."
DM: Did he see you?
CS: He saw me but, he saw me and he was talking to somebody, he bend his head and I saw
him, and I just walked fast, like where, where is he, oh, man I walked this far and, and
I'm talking to myself, pretending I'm busy.
DM: Yeah, yeah.
CS: Puck for a reason I don't wanna ...
DM: Yeah, yeah, yeah, yeah.
8
P91
CS: I don't wanna ruin ...
DM: I appreciate that.
CS: an opportunity that like that gonna fucking cash out, I don't wanna, ...
OM: Yeah, yeah.
CS you know?
OM: So I told him, I said, I told him, I did say that night that I've got some Russians looking, I
said but rm gonna need some staying power until they come in. So I think he's Willing.
I said, "Look I get you your money back, pay the landlord off here and everybody'll
be happy." He said, "That would be a good thing."
CS: You know.
DM: So I was just trying to make him happy. Let him hear the things he needs to hear. You
know what I'm saying?
CS: Y yeah, yeah, yeah. Y eab, well not on ...
DM: And then, and then if you get everything worked out next door you should, everything'll
be good. You won't have to be under so much pressure.
CS: That's the problem, and I don't have to work ....
DM: Iknow.
CS: all these hours ifi can get. ..
DM: You can't think, I can't think.
CS: Plus the problem is I need ...
DM: And you try to ...
CS: I need to make a small bit, make small (UI].
DM: Yeah, you need the cash flow.
CS: Right.
9
P92
DM: The cas ... , no cash flow, fuckin' sucks.
CS: It sucks. Well not only that, uh, if I get that worked out and I start getting rent out of,
you know. I start having income, at least and then by that time you pick up here.
DM: Yeah, yeah.
CS: At least like you said a constant cash flow, but not only that ...
DM: Yeah.
CS: if we get some money outta him and we get everything l need, which I need worked out
and.
DM: Yeah and that's, that' s like cash in the bank.
CS: Hey, you know?
OM: Yeah, yeah, yeah. Yeah, yeah, I know what you mean.
CS: Which is on the, you know, you don't, obviously you don't tell him that, because you tell
him that, that's like ...
DM: No, I don't tell him nothing.
CS: Okay. That's what I'm saying. You don' t understand the question.
DM: Oh, what you need? Nothing.
CS: ~ I got a way to, you don't telJ him that.
DM: Yeah.
CS: Because that fucks.
DM: No, I don't tell him nothing.
CS: At least that gives you a ...
DM: [Noise].
CS: kinda cushion too any, you have an emergency, car, hey, I got it. You have it backed up.
10
P93
DM: No, I know. I know and I appreciate that. After we get through this weekend I'll give
you a I 00 bucks.
CS: Yeah. You know, I know you gotta make an investment. Just like I used to [UI].
ll:llpm
CS: But ultimately the first person I don't even believe, I don't, I don't think they gonna
even make a big issue when they, why you have inspections, because they know oh. it's
Autotronics when they just what l;lre we looking for. Oh, I'm just doing an endorsement
for my license. I'm going [UI] I'm adding auto repair, you know, they look, I, they, they
gonna look at it as just like you saying okay well I'm o ~ start some .. .
DM: Um, let me, let me see ifl can get him just to fuckin' issue it without having doing all the
re-inspections.
CS: [UI] document all the inspections.
DM: If that could happen, yeah.
CS: Meaning you pay for it because you they have to, you know, you have to have a paper
trail.
DM: Yeah. but don't, didn't.
CS: Which I don't if they doing it.
DM: You should be, you, they set a precedence, by this have this is how you been doing it.
CS: Y yeah. yeah, because I, I got cited, I got it's I, it took me to court saying hey you
been doing auto repair for all these years, your license classification has been wrong.
And it's my responsibility to get the correct license, meaning apply for the correct license.
DM: Yeah.
CS: So ifyou ...
DM: So let me see.
CS: Text the guy.
DM: Yeah, I know.
11
P94
CS: Text the guy.
DM: I gotta talk to Ben.
CS: Okay.
DM: But Ben, Ben is with the attorney, and the attorney knows who you are, but he knows Pm
here. So we gotta see 'cause ...
CS: Which one, um ...
OM: Steinfeld. So, he's gotta run evecything through Steinfeld but at the same time ...
CS: Oooh.
DM: I'm, gon'. I'll tell Gene, "Hey, Gene, listen, I know you, you two maybe not see eye to
eye but you need to help me out here."
CS: Yeah.
OM: See what we can do.
CS: Yeah.
DM: And he will, he will.
CS: You, you and you know what? It's, its' not even anything personal because I honest, I
don't have nothing against the fuckin' guy.
OM: He's doing his job.
CS; Yeah, no I'm saying ifs nothing ...
DM: Yeah.
CS: personal I have nothing against, even the Chief, I told what, what they the one who lead
before? I even told him I said, "Listen I know you gotta do your job bro. I mean all, I
don't wane'
12
P95
-Exhibit 9-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
"""
February 9,.201 2
10:59am
audio
CS:
DM:
[UI]
[PH]
[SC]
[OV]
David McClean
Unintelligible
Phonetic
Overlapping Voices
DM: I just wanna get a couple cords over here, so that when Jim comes here he don't know but
if I got some music on.
CS: Who's Jim?
DM: Jim, fucking Corvette Jim, big mouth.
CS: Ohl
DM: I don't wanna put a note on the door closed because she still can sell beer all day.
CS: Yeah.
DM: Draft and bottles, leave the doors open throw ..
CS: I'm gonna leave to go to court, also, so, I'm leaving at one. It's a two oh clock I gotta go
to.[Ul].
DM: I gotta be there, I gotta )eave here at twelve.
CS: Only the one. the the other thing is, urn. no, but I've been, I've been putting aside, you
know, saving up some money, but putting aside 100, $100 (Ul], But, no actually it's 900
now cause I took a 1,000 [Ul] 900.
DM: Yeah, yeah.
CS: [Chuckles] 8 ~ ah, for the savings I've, rve got some, 1 think I already, 1 think I already
got to about 500 bucks and put it aside already.
P96
DM: Or there,s another way of doing ~ I'm, you as the landlord ...
CS: Okay.
DM: could call in the electric and say that your tenant moved out and you need a landlord tum
on, so you can show ...
CS: Yeahwe ...
DM: the place.
CS: Yeah.
DM: And we can get it turned on.
CS: And then I can rent, rent it back again whenever they, you know.
DM: Right.
CS: That new account.
DM: New account, but you gotta tell 'em you need a, you need a just a landlord tum on that
the tenant moved out.
CS: But then what, what happens when you try to put, put it on you can't use the same name.
DM: No, I gotta go with a different name but what I'll do is say, uh, I can make up a story say
that he didn't know that I was out of, I was out of town my manager quit on me locked
the doors, walked away you know and we're just gonna put it in the same name and I just
gonna have to put a bigger deposit on it.
[Brief Pause]
OM: But before you do that I gotta wait and see what Jeanine [Ul] comes up with.
CS: That's why I should just wait.
DM: Yeah, we gotta wait.
CS: Wait what a half hour then.
DM: Yeah wait.
2
P97
CS: She's doing it right now?
DM: Yeah. she doing it right now but I know her, I, she, she '11 fucking put me off all day with
here.
CS: Let me, alright so then let me, ah,
OM: Get, get open and do what you gotta do, pull out a couple of [UI) Frank, Frank just went
to get a whole bunch of extension cords at his house so what I'm gonna do is bring 'em
out the back door and then you just plug me in.
CS: You bring one you have to have one to plug in the back here.
OM: Yeah cause I gotta ...
CS: (UI] .
DM: I gotta put like one, two, three coolers in.
CS: What are you going to do? Bring them to there and then put it. ....
DM: Put it outside the back door and then, uh, you plug it in.
[Background Noise].
CS: Yo', what happens when I leave?
DM: We'll worry about that later plug it in next door ifl got to.
CS: Yeah, yeah, yeah, yeah.
DM: Or you can run it right underneath the garage door, the plug.
CS: Yeah we could try that.
OM: Yeah.
CS: We'll try that.
DM: Worse come to worse [UI].
CS: Yeah.
3
P98
-Exhibit 10-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
CS: How are you doing?
February 23,2012
11 :45 am; 11 :58 am; 12:0 I pm
audio/video
CS:
DM:
UM:
UF:
N:
C:
[UI]
[PH]
[SC]
[OV]
Lutchman "Chris Singh
David McLean
Unknown Male
Unknown Female
Joseph Varsallone
Carlene
Unintelligible
Phonetic
Overlapping Voices
OM: Ah, I just had a thing, I think for Ben, Autotronics.
UF: Okay.
DM: I remember he's gotta go for a ah variance.
UF: Okay.
DM: Like Gino's Tint did. You follow'?
UF: Right.
DM: And so he's got some ofthe paperwork.
UP: Did you have to go in front of DRC first?
DM: I think he already went.
CS: The DRC is the first one right?
CS: Yeah. WedidtheDRC.
UP: So Carlene.
P99
C: Yeah.
UF: He went. Do you know like Gino's Auto Tint did, they went before the DRC? This
gentlemen needs to do the same thing as he's gone before the DRC, who do they go in
front of next?
UFl : For special exemptions?
DM: Yeah, he's gotta do the same thing that Gino's Tint did.
UFl : Urn, city commission I think. Um.
DM: Is Ben upstairs?
UF: NoAndrew. Ah ..
OM: Josey?
CS: Autotronic USA.
DM: Joseph what are you doing back there?
UF: Do you know of the thing on the Autotronic?
UF: (UI) What's that?
UF: They ~ e over from DRC or anything?
DM: David.
UF: We need you to go to DRC.
[SC]
CS: Last year?
UF: Last year. Yeah it went to DRC. Kinda like Gino's Auto Tint.
UFl: Do you have any idea when last year?
CS: Itwas ..
2
PlOO
DM: Before the lease.
CS: Yeah before August.
DM: It was right before Augilst I think, yeah.
CS: Yeah, because we did a new one for September so it was around that time.
DM: Yeah.
UF: Were they any ah, did DRC tell you to do anything?
CS: They had asked me to do water meters, which they since changed that.
UF; Ub-huh.
CS: .. requirement so we don't need that, urn and they wanted um, they wanted um, what did
they want.. they wanted an (UI)
DM: Survey.
CS: Surveys .. and they wanted a lay out of where they shop is, which is on ...
UF: You did everything, you have all that?
CS: Yes, I have the 11 copies of the survey.
UF: Okay, so .. you need your signed bond um ..
UFl : Signed bond, this is ..
UF2: This is from (UI)
CS: And ah, ah.
UF: Do you have any of your paperwork from there?
CS: From then, no, no, no, I didn't walk with anything from them.
[Rumbling through papers heard]
[A door heard shutting]
3
PlOt
DM: Where did Joe go to? [SC]
Look just helping Chris get some paperwork straightened out {U1)
UP: Do they send the minutes on our F drive, Carlene?
UFl: Yeah in September.
CS: No. no, it was before that. It was, it's been going on for a little while, yeah and ah um ..
N: We all missed you David, this morning.
[Background conversation]
DM: Where at?
JV: Wanting to know if you were still in business.
UF: (UI)
DM: Where at?
The Chamber breakfast.
DM: Oh I forgot about it.
UF: He just did the DRC then you have the changes (UI) and it's not gone to the
commission.
JV: What a crowd. What a nice crowd we had.
DM: I totally forgot.
UF: Will you check with him, Carlene? Did you call Andrew?
UF: Idid.
UF: Oh, you spoke to him?
UF: No, I didn't. I got his voice mail.
UF: She got his .. (UI)
JV: Who did you bring with you, David?
4
P102
UF: I see.
DM: Chris.
N: Chris who?
DM: From next door. From my (UI)
N: The tattoo place? The guy at the tattoo parlor?
DM: No.
(UFs conversing in the background)
JV: The furniture store. David.
DM: Hold on a second, Joe.
JV: Well Jesus you could answer me.
OM: Well, I've got people talking to me. Can you just wait a second?
JV: Who are you talking to?
UF: Theresa.
DM: Geeze.
JV: Theresa, let me talk to him first.
DM: Hold on, I got a message here. Now who is this?
[Two men conversing in background, but can't make out what is being said}
UP: Do you know about what time it was, so I can do a search? Cause Andrew's onthe
phone. Or you know what, let me call Ben.
DM: Urn, I'm trying to think. Ah, it was possible. June.
UF: June?
DM: Yeah, they wanted a land ... we did the landscape variance that was passed.
s
Pl03
(UI) in background.
UF: Did you go before? You went before ..
N: It never stops David.
UF: No, you didn't, you went before Board of Adjustment?
CS: Yes, I did. Mr. Varsallone how are you sir?
JV: You're with him today?
CS: Yeah. He s ah, doing his duties as a commissioner. He is assisting the local businesses.
N: Screw you all.
DM: (Chuckles)
11:58 am
DM: Are they finding it?
CS: Oh yeah, she's getting it for me. I wanted to show you something. (Whispering) One of
the things that they did they ask me for was to get the architect to do a drawing, which
was costly to do a drawing, saying where the light fixtures are, where the outlets are, urn,
I don't know if we still need that because it doesn't seem like she's, urn, anything they are
going to bring that up?
DM: Well, we'll find out.
CS: Okay.
DM: I mean they might not bring it up right now.
CS: Uh-huh.
DM: They may call us back. (Ul) But h a t ~ ridiculous.
CS: Oh yeah, I think now if she's she's putting us in front ofum; like the commission and
then that's just a matter of votes.
6
P104
DM; Uh-hum. Yeah I have to abstain though, I can't vote.
CS: Oh because you .. .
DM: Because I rent from you.
CS: Oh, but urn ..
OM: Yeah it will be okay ..
CS: But Varsallone and everybody else can vote.
OM: Yeah.
CS: I mean ..
DM: You won't have no problem.
CS: We good with that?
DM: Yeah ..
CS: Oh okay.
DM: Yeah ..
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ~
12:01pm
CS; Yes, we have the sketch, I just left it over there, I just left it over there .. .I was going to
bring that with me when I showed it to you. 'Cause that sketch I have, I did ah to scale
drawing.
DM: Right, right.
CS: I don't, I don't think they mention anything about having a licensed architect or anything
like that.
DM: I think you will be alright.
CS: Yeah.
DM: They just wanna.
7
Pl05
CS: They just wanna know where, what the layout is in an emergency.
DM: Yeah.
CS: You know, how they can get in and get out, iftheyhad to.[Whispers] Well, we have
Joe.
DM: Talerico, Joe, Peerman, Donovan.
CS: Pecnnan is the one.
DM: The new one.
CS: Tsn 't she the bitch?
OM: She's a (UI). yeah. She doesn't want to have ah. 'Ibis is just routine.
CS: Oh ..
DM: What do you call it? What they did for Gino's.
CS: Oh okay. But Talerico.
DM: As long as Ben says everything is good to go.
CS: They just say yes.
DM: They'll say yes.
CS: But tbent we got Joe.
DM: Joe, you got Frank. Yeah you got Pam.
CS: Okay ... and there's just Lisa.
DM: I don't know ifl have to abstain but I think I do. I don't make no ..
C'S: Maybe somebody we know, we'll find out.
DM: 1'11 have to ask the city attorney.
CS: He loves me ... (Chuckles)
DM: Y c ~ ..
8
Pl06
~ _ ~ ~ ~ ~ ~ ~ ~ ~
12:13pm
DM: Now we gotta [UIJ. We have to talk to Ben and (UI) I guess have him give you a call just
to reassure what is going on.
CS: Ohokay.
DM: Alright. See ya later Annette.
CS: There's Steinfeld. Do you wanna wait?
DM: No.
CS: (Chuckles) You and him-get along?
DM: Yeah.
CS: Oh. He's probably already like oh that's Chris' car parked in David's spot.
DM: He probably doesn't even know. Oh, he's seen the Autotronics, I'm sure.
[Car door slams]
CS: Well that's if he looks.
[Car door slams]
CS: He drives a nice car. Um, that's a Lexus LS400.
DM: He's loaded. He
1
s got a lot of money.
CS: Yeah, he's gotta be. We come back oufhere.
DM: Yeah.
CS: Um, so, the only person that we really don't, I mean, we can't count on, but either way,
she's one vote, that's Carlene. I mean, not Carlene, urn, Peerman.
OM: Yeah, but she'll, she's gonna, she's, just cause she.
CS: Hold on. (On phone) Adam. Y eab babe. Urn, well, it depends on what, it looks like,
9
P107
anyway, 15 to 25, but I gotta see it. 15 minimum. Ah, I'll be there in a minute. Each.
Alright.
Yeah, but that's what I say with Carlene, I mean, 1 keep calling her Carlene, because
we've been talking to her.
DM: Peerman.
CS: Peerman is the only one, she's a [UI] what happened to her?
DM: She ah, she's becoming a (UI). I'm not supporting her for this next election.
CS: She drives around with a sign on her truck and everything. I saw her on 441 the other day
driving down like, look at her because you have her [UI].
DM: She is so full of herself, but fuck h r ~ I'm done with h--. After everything I've done f- , I
helped her get elected, and now she fucking back, she's turned on me. Fuck her.
CS: Um, yeah cause you know what? Power, she's ftgUres she's in inside, so now she wants
to take over the hot seat. Um, so when we gotta. we're not worried about her anyway
because if she says no, and three people says yes, it's yes anyway.
DM: Yeah. But she has to have a good reason to say no, and she's not going to do it.
CS: Yeah. The only thing now is what we are really, I know, I don't know if Ben is going to
bring it up or if you can maybe you might want to mention it to him is the drawing that he
asked me for is the one that I haven't paid the guy for it yet, so he didn't do it as, I didn't
know if they wanted a professional architectural drawing showing or if I can just do a
clean neat sketch.
DM: I think, I think you should be able to get away with that.
CS: Well, I mean it's Ben is the one who has to decide whether he's here ..
DM: Ah been on the building department, I don't know.
CS: Ohh ..
OM: That's the thing.
(OM phone is ringing)
DM: (on phone) Hello. Hey what's going on? Okay. Tuesday at 12:00? Ah, 1'11 have, say
what? Yeah, I'll have to ah um, I'll have to make a couple of phone calls after lunch and
10
Pl08
see what ah, the city ah city ah manager. Ah and what are we ah, um what are we gonna
be discussing? Okay Tuesday or Wednesday at lunchtime? Okay. Alright, very good.
Alright, give me a chance, give me a chance to ah get with the city of ah manager, and
then I'll call you back and let you know. Alright, bye.
CS: Um, what did he say? So they have that covered? We have the bad boys, Waste
Management.
DM: Alright, I'm gonna call them. We will do that when we go inside-.
CS: [UI] And..
DM: Inside who .. [UI] Yeah. Do that.
CS: And then come see alright. [UI]. ~ a u s e nobody's there anyways, not like there's
people in the bar.
(TV heard in background)
CS: I'm gonna be right back, I'm gonna check up on him.
DM: Okay.
11
P109
-Exhibit 11-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
~
February 27,2012 II
ll :28am
audio
CS:
DM:
UF:
UMI:
UM2:
[Ul]
[PH]
[SC]
[OV]
David McClean
unidentified female
unidentified male 1
unidentified male 2
Unintelligible
Phonetic
Overlapping Voices
DM: Yeah, I think he could knock it a bit. Ah. (UI) I'm just gonnajust tell ~ m to clear it. (UI)
talk to em. We were trying to get it straight. And he never got it straight. What you got,
three, four hundred bucks off? Hey ....
CS: I [UI], I am, I was able to find out I got down to find, but after I [UI) I'm gonna pick
pick up with money I think it's you know like five hundred eight hundred bucks or so.
DM: I'm just gonna tell him to wipe it, he'll do it.
CS: Yeah.
DM: Yeah.
UF: [UI].
UF: Well I got the, I have an invoice here today.
DM: Here give me the invoice cause he' s gonna call me back, he's in a meeting right now.
CS: Thinking of my, my Puerto Rican buddy.
DM: Listen real quick, just to let you know I took the tag off your, off your van. Put it on my
car they, uh, pulled me over the other day I just borrowed it over the weekend.
CS: Oh, oh.
PliO
DM: I'll, ru put it back.
CS: Your's expired?
DM: Mine's expired and my license is suspended I didn't even know it.
UMI: [UI].
CS: Okay.
DM: So they pulled me over ..
CS: [UI], Iknow.
DM: No, I kept, I got up here early this morning cause I .gotta' , I wanna put it back on.
CS: Oh.
DM: Fort. Lauderdale I went down to see E do a show.
CS: Yeah.
DM: On the way back Jerry's with me I cut, we're was cutting through Wilton Manors to go
the back way.
CS: Yeah.
DM: Cause they're all back roads and, uh, a cop gets right behind me.
DM: Undercover cop.
DM: Pulls my ass over. I'm like, fuck.
DM: l got my badge, you know, he sees me, he says, you a cop?
-
DM: I said no I'm the Mayor of Margate. The Mayor of Margate, he says, you got a goddamn
expired, just like that, you got a goddamn expired tag. I said I know it's expired I said I
just haven't had a chance to renew it. So, he goes I'll be right back, he comes back, he
says, you know your license is suspended. He goes I gotta take the tag it's on the
computer. He says I can show you professional courtesy. I said, he said but I've already
punched it in the computer what I pulled you over, I can't do it. He says, urn, you got to
park the car. Which we did and he says, urn. We're supposed to tow the car he s_ays, but
r lllet you, you know, you wanna, uh, call a tow truck so I called J .J.
2
Pill
CS: Hmmmmm.
DM: J.J. come pick me up.
CS: Hmmmmm.
D M: Bought the car back here that night and so now I gotta go get that all cleared up.
DM: So I'm gonna go today and make an appointment at the, out at the, ubm.
[Conversation continues in background].
CS: You can do o ~ line.
DM: Not, no I, think I can't cause it's been they took my driver's license too.
CS: Oh shit.
DM: So I gotta go down there in person make an appointment, set up an appointment go down
there and get it all straight. So, it's gonna take me a couple days, so I'll put this tag back
on yours.
CS: Yeah.
DM: And ifl need, can I use a transport just to get back and forth?
CS: Yeah.
DM: What a fucking weekend.
3
Pll2
-Exhibit 12-
Date of Recording: March 7,1012
:lf.,2-
Time of Recording: 12:15 pm
Type of Recording: 01udio
Participants:: DM David McLean
CS Lutchm.an 'Chris'" Singh
UM Unknown Male
Abbreviations: [UJ] Unintelligible
(PH} Phonetic
(SC} Simultaneous Conversation
[OV) Overlapping Voices
CS: Let me go [UI]. I called it [UI], I'll have another copy. I put another call into Waste
Management, ah, oh it's the same routine, caJled, nobody calls back y t ~
DM: Okay.
CS: But I'm sure they
1
ll call back.
DM: I'll, I'll [UI] phone call into Tony then.
CS: Tony?
DM: Is the main guy that tell this other guy to call you.
CS: Right and tell, I mean obviously yes, make, if you make it happen, just tell him, well, oh
yeah, well he knows who I am, he knows I'm from here.
CS: Y cah, well, I, I told the other guy I'm gonna pay him, but he never showed up the next
freakin' day.
DM: Okay, I'm gonna, I'll call him to get a phone message into him.
[Background TV Noise]
DM: Where's your girl at today?
CS: Ah, [Uf]. I'm gonna wait for him to call back and you're gonna call, ah ...
Pll3
OM: I'm gonna call him right now and tell him.
CS: Hello? Hey [UI]. [Background TV Noise]
CS: Huh? I called him. Oh. {Background Noise]
CS: Yeah. Oh, okay, okay, I'm, I'm, I'm give me two minutes, I'll call you right back. I
[UI] next door doing something. Give me one minute, alright. [UI].
DM; Your sister?
CS: [UI]
[Background TV Noise]
CS: He works with, ah, [UI]?
DM: Hey, Tony, David McLean, hate to bother you, listen, um, my guy next door, Autotronics
is trying to get this bill paid and the guy won't call him back. Uh, he said he's gonna
come out here last Friday and pick a check up and never did. And we need to get it taken
care of because now MargateNews.net, that damn asshole that took me and your picture
together, urn, he asked for all the code violations forth-, for this area. And, ah, they
wrote us up for no dumpster, I gotta get this taken care of, ASAP. So, if you can help me
out, please have that guy call, ah ...
CS: . [UI]
DM: . .. at nine, five, four ...
CS: Four, four, eight.
DM: four, four, eight.
CS: Four, zero, zero, two.
DM: Four, zero, zero, two. I appreciate it, Tony. Thank you and if you get a chance look at
MargateNews.net and see what this fucker's doing. 1'11 talk to you later. Okay.
2
Pl14
-Exhibit 13-
Date of Recording:
Time of Recording:
. Type of Recording:
Participants:
Abbreviations:

March 21,2012
1
3
l :24 pm; 1 :34 pm; 1 :43 pm
audio
CS:
DM:
UM:
UFP:
[UIJ:
[PH]:
[SC]:
[OVJ:
Lutchman "Chrisn Singh
David McLean
Unknown Mate
Unknown Female
Unintelligible
Phonetic
Overlapping Voices
CS: [UI] I, I thought they were lUll for the same fact that the taxes are paid, the lease, I'm
gonna get you a new lease.
DM: Uh, you're gonna get me a new lease.
CS: Lien.
DM: Ok, lien. What are we gonna do with that?
CS: It's twenty. I'll tell you what it is. Twenty-two or $2400.
DM: Ob, that's all it is?
CS: Yeah. But first of all, you remember. I had a lien for $24,000.
DM: That was the other one.
CS: I mean he was able to take care of it for me. So.
DM: Okay, so Jike how much is this?
CS: Like $2400.
DM: And, and what's this one for?
P115
CS: Urn, it was more like fines for like, you know, like Jackie King, Code Enforcement fine
then it built up like operating without a license up to now, so now everything is in
compliance.
DM: Okay, we're in compliance.
CS: We're in compliance with existing license.
DM: Okay.
CS; So I don't know if there's anything you can do with that.
DM: Okay, so we're in compliance, but now this 2400, and how, how is it being done? Every
day it kept going up and going, when did it stop?
CS: No, there's ub, a fine or something like that. That was like 30 some hunQ.red dollars,
which is what I deal with when I go for the new license. Once I get the new license, then
I get the, the, apply for abatement. But this here is a lien that they fi1ed.
DM: Uh, we'll have, I'll have to ask, uh.
CS: With Colleen.
DM: Carlene.
CS: But I don't think there's anything you can do with that, that we have with that.
DM: Okay, let's, let's see what we can do.
CS: Because I gotta get rid of that, here's the problem. I know that there's gonna be like a
$250 [UI]. If, if you can take care of that, and then the [UI], no, I have no problem with
that. Which is they have, ub, a lien a d ~ adjustment or lien something fee.
DM: 'Cause they have to file it.
CS: Yeah, pros it, a processing fee that - -
DM: Okay [OVJ[UI] right.
CS: the city charges, and then there's a $50 whatever fee, which is like $250, is no big deal.
But I mean, that's Hke.
DM: Three years.
2
P116
CS: Yeah, just it's [UIJ picking up.
DM: He's got a bug in his [UI].
CS: Yeah. But then you're talking about the $2400, I mean if you could.
DM: Yeah. [UI].
CS: You know. I mean I, ifl have to pay the $250 [UI], and I, and I ain't gonna.
DM: But now ifs everything for this lien which we're clear on--
CS: Yeah. Yeah.
DM: and ~ r clear.
CS: This lien was all to do with, you know, parking cars without tag, uh. Operating without
the right license and all that, so the, they came. Jackie King and, and uh, Lieutenant Joe
Galasca. They both came out, he says okay, we sign off, everything is done, and that's
over with. So now I have a lien. He told me I have to pay, but if you can.
DM: Okay. Let's see what we can do.
CS: All right?
DM: Let's see what we can do.
CS: I mean to me it's worth, you know what I mean?
DM: Yeah, 1 gotcha. Let's see what [UI].
CS: It's worth something [UI].
DM: If you help the businessman in town, you will. Okay, so we got that taken care of. I
have to go check out my [UI].
CS: For me to get this money.
DM: The lease, the lease you're gonna get---
CS: I gonna have to get it.
3
Pl17
,,
DM: --- you show, show it for a year, right?
CS: What I'm gonna fmd out from him, I think he says two or three, rm not sure. What he
wants to do is [UI] to show, uh, strong leases.
OM: Yeah, that way they know there's a backup.
CS: So, yeah.
DM: After we get done with this, I got [UI].
CS: Okay, and that, it's one. City Water. Now. [UI] use that, [UI] something to write on
it.
DM: [UI].
CS: And uh, [UI]. So we [UI], already took care of Waste Management, right?
DM: Yeah. Yeah.
CS: 1 don't know how [ill] to tnat [UIJ.
OM: I, I don't either.
CS: [laughs]
DM: And you [UI] and no more [UIJ right, you're clear?
CS: Yeah.
DM: You're clear. I haven't got the bill yet either, so, I'm waiting for it.
CS: Well he, I mean.
DM: I'm gonna get one,. but I just I guess the process.
CS: And that's wild. But you don't know, you o n ~ t know if you got the [UI] so we pick up
a [UI] and we [UI].
DM: I think we did it twice. Monday and Thursday.
CS: Oh, we have [UI].
4
P118
DM: Because when I came, when I came Monday, that thing was empty. On Monday
morning. The, 'cause that was full on the weekend, and when I came Monday morning,
it was empty. I think Monday and Thursday they get it
CS: So we'll find out tomorrow if they're gonna take them ..
DM: Yeah. [UI].
CS: But you had asked them [UI].
DM: [Uil take twice a week, yeah. [UI] no problem.
CS: And take your [UI).
DM: In one way, I'm, I think I'm gonna get the bill starting April 1st. Ubhh.
CS: Oh, okay, okay, okay.
DM: It's gonna be [UI] something [UI].
CS: When I first, I came. What do I do, ~ here it is. Yeah, there's a whole bunch of
these, all of them [UI] a file, a fine [UI] liens. See, there's a whole bunch of these, like
each one is different. A $1 00 fine, and each $50 fine. Each one, there was like a
whole bunch of these $50 fine thing. I don't kn.ow if there's any, I mean ifthere's
anything you can do with these ---
DM: So the---
CS: --like fine.
DM: --- uh, is that included in, in these?
CS: I think so. I don't know. Carlene usuaJly knows what all the liens are.
DM: All right, what we'll do is I'm gonna get, tell her give me a listing of everything on this
property. What do you got liens on this property for. And then you'll have to go and
check off what's, what, what's your [UI].
CS: Well, if she gives you a listing of, of, of all the liens, then from there we don't even need
to look at these things, we just go with the list that she has.
DM: So we have, okay, 'cause I just wanna make sure that--
CS: Right.
5
P119
DM: --- [UI] 'cause sometimes they fucked up.
CS: Yeah, but, that's what I'm sayin' --
DM: Okay.
CS: --- at least we '11, were gonna try this, and we're gonna try to get rid of them, so.
DM: Okay. [UI].
CS: I mean whatever it is, whether it's right or wrong, if you could get rid of it -
DM: Okay.
CS: --that's what we wanna do. I'm not gonna let the, this part here. This is the, uh, [UI].
[Background traffic noises]
CS: What, when are we on the docket for the next, the next commission meeting?
OM: I believe after this one, which is the first of April. The first Wednesday of April, which
is April, whatever April, the first Wednesday is of April.
CS: We're gonna be on?
OM: I'm almost positive, yeah. As long as we got everything, everything, uh, passed.
CS: Wedid.
DM: Okay.
CS: Remember she, everything's signed off.
OM: Well what about, well what about uh, the extensions? Did they come and inspect? Did
you, didn't you have to have [Ul]?
CS: For the Code Enforcement?
DM: No, uh, for your T -0, uh, for your uh, we have to put that sign up. That sign has to go
[UI).
CS: [OV] Yeah, but that sign has to go up, uh, five days or seven days prior.
6
P120
.
.
DM: Yeah, e ~ and we gotta find out when it's going on.
CS: Well, first you gotta find when is the meeting --
DM: Yeah.
CS: -- so you have to let me know when is the meeting, the Commission meeting.
DM: [UI] meeting plus sign date. And you already paid for that.
CS: Yeah, they cashed the check.
DM: Okay.
CS: That's for the, the Commission meeting will be to assure that we have all these things in
place
1
and [UI] is in the place that we're gonna do that with, the fence which shows where
the dumpster area is going to be. I have the application.
OM: [UI]?
CS: Right.
DM: Okay.
. ~ ~ ~ ~
1:34pm
CS: Okay. And, you need road access for the dumpster.
DM; Yeah.
CS: Okay, so this is what I'm trying to get. This is a, a signed field drawing. The only
difference is this drawing was made before the tiki hut.
DM: Okay. So the only thing we gotta do is we gotta, uh, can we update, can't we update
this? How much?
CS: That's another 900 bucks.
DM: Oh, no, no.
CS: So rm talking about taking this drawing and doing an addendum. Um, no-, a notarized
addendum saying.
7
Pl21
'
DM: Two spots.
CS: Yeah.
DM: Yeah, yeah, yeah, I think we can get away with that
CS: So, I mean if, if we can go over to the city there today, you can try to put in this, because
the other, for the next Commission meeting we have, if we show the application for the,
the dumpster enclosure, then that Commission meeting is for me to apply for auto repair
licenses.
OM: Okay.
CS: That's the only thing I need now, the dumpster enclosure.
OM: Okay.
CS: Because the water meter thing has been done away with.
DM: Okay, so you need, you need this, and then, uh, the approval for this.
CS: Well they okay, I mean, uh, Andrew and Ben, they all --
DM: Okay.
CS: --- we all talked about this is all in, in an agreement.
DM: As long as, as long as they approve the license, this will be done.
CS: No, no, uh, they want a dumpster enclosure in order to give the license.
OM: Oh, okay.
CS: So we need this permit in hand before the Commission meeting.
DM: Okay. So who we gonna get to permit it?
CS: Uhm, well I'll use my, Rama [PH], my GC to get the permit. But what we need is uh,
I'm gonna try to, I'll, I'll call him and then get him to come out and do the pennit.
DM: That's what we need. You gotta pull the application and then we gotta see if we can use
this. Uhm, I'll talk to the Building Department. I, I gotta be very careful what I do
8
PJ22
because of what this, this fuckin' Mitch.
CS: Right.
OM: So we, we n e e ~ what we need to do is have him, when what's his name goes over there,
rm gonna, you let me know when he's goin' over, I'll call Diane and say Diane, he's on
his way over. And then uh, on the phone I can tell her what we're doin'.
CS: Uh, well he's, uh, I'm gonna get him to do all the paperwork, and I'll take it over myself.
DM: Okay, and then.
CS: It saves me money. I don't have to pay him for time.
DM: Okay. Well we'll do that.
. ~ ~
1:43pm
CS: I'm gonna do a very good professional like to-scale drawing showing the addendum_, and
I'm gonna attach it to this drawing. An addendum showing recent, and I'm gonna like
put in a number and everything.
DM: Okay.
CS: Patio, because he have the pennit 1 just write the permit number.
DM: Right.
CS: Uh, updated patio, so, so, so. And showing the parking spaces we did. If I get
everything done today, tonight_, I could get it [UI] tomorrow. I call you first, so you call
Diane and let her know?
DM: Yeah. I'U say Di-, Diane gets in at eight o'clock. I'll just say, Diane, he's on his way
over there. And Diane and myself, we're going to a wedding in Tampa Sunday, her and
I.
CS: She's cool.
DM: So.
CS: She likes me.
DM: Yeah, yeah, she's cool.
9
P123
CS: And once she like me, uh, you know, as a person she. So, but let's.
DM: But look just, we gottajustmake sqre everything's, because it's, once it goes
before the as soon as you, as soon as you go before the bQard, I have to abstain that
Mitch is gonna be in the audience, jltld he's gonna wanna copies of everything, so
we've gotta make sure, he's a dick.
CS: Oh yeah, but it's gonna be on point.
OM: Yeah, oh yeah, I know.
CS: It's gonna be on point because we're gonna have a general contractor, and we'll have a
drawing. We're gonna have an addendum showing ifthere's --
DM: Right.
CS: --there's a correct update. You know, an to hey, yeah, we have a drawing that's
by a 1-, a licensed uh, architect. Uh, however, this drawing was eight months ago, and
seven months ago we added a ticket. We're not gonna go get a new drawin:g for that.
DM: No, we don't.
CS: Here's an addendum.
DM: Yeah.
CS: It's notarized in a department issued by the city, so if you take this permit and you take
this drawing and put it together ---
OM: Yeah.
CS: it make, it adds up to current status.
DM: Right, right.
CS: So we got that covered. So I'm gonna, I'm gonna do that, the drawing, maybe a
drawing for [Ul], 'cause if we could get this in, we need this permit in hand. You know
what?
DM: Does this, does this lien have to be cleared before we go for uh?
CS: It would be nice.
10
Pl24
OM: Okay.
CS: But it'll have to be cleared for me to get my loan.
DM: Okay.
CS: Not loan but my.
OM: Yeah, uh, your financing.
CS: Equity. My equity; yeah.
[Phone ringing]
DM: Yeah.
CS: But if you can---
DM: Yeah.
CS: ifyou can, if, listen, if you did, if you can get that lien $2400 to me, it's fuckin' $2400. I
don't wanna have to spend $2400.
DM: Right, right.
CS: No, even, even 50 cents on the dollar for me, I don't mind saying a $1,000 out, out of
pocket is great. I, I don't have a problem with that, but wbC}t I.
DM: Anything's, uh, anything's better to work, if you can work with it.
[Background noises]
OM: Yeah.
OM: Uhm. What else do I gotta tell you now.
CS: That, that was ---
OM: Okay, we got--
CS: you got uh.
DM: ---so we're good, we're good with th.e licenses.
11
P125
CS: With, the licenses, we, we got, uh, I got my notes of what I have to get from---
DM: So-
CS: --- you here.
DM: --- so an we have to do now is make sure we have the pennits ready to go when you go
before the board. Uh, Ben will get up and say okay, everything's in compliance. Uh,
he's got the permits all here ready to go. Um, I recommend that this pass.
CS: Uh-huh.
DM: So we all vote on it.
CS: Right.
DM: I, I abstain ---
CS: You abstain.
OM: they're gonna vote on it, and.
CS: But how many Commissioners do we have? Uh, Lee is not gonna vote for nothing.
OM: Yes. Yeah, she has to. She c.an'tjust go against me. I'm a fuckin' say, what's your
problem? It's, everything's under compliance. If he says yes, you vote on it, then she
needs to. Why not?
CS: But it's, who, there's Lee.
DM: Lee, Joe, Talerico, ~ n Pam. And as long, and Pam took it off the agenda 'cause she
wanted to make sure you had everything.
CS: So, that, but we only need three votes anyway.
OM: Yeah, you only need three.
CS: So if we get three yes and one no, that no doesn't count.
DM: Yeah. We're good.
CS: It's pretty much fuck Lee.
12
P126
DM: Yeah, yeah.
CS: Okay, and Pam, Talerico, but Joe is gonna ...
DM: Yeah, we won't have a no, but if, uh, uh. You're trying to get in compliance.
They can't, they're not gonna vote just because of personalities, believe me.
CS: Right. What I'm saying is
DM: [UI]me.
CS: Joe is great.
DM: Yeah.
CS: We got Joe.
DM: Yeah, and Pam will do, Pam's gonna be good.
CS: Okay.
DM: She wants everything to be legal, that's all.
CS: All right
DM: She didn't want us to get up there and be half-assed and then it fall back on us, and say
we have to start all over, you know?
CS: Okay.
DM: So, she did the right thing by giving us more time.
CS: She didn't want you to get fucked.
DM: All right, uh, so, once we get that done, so you call your guy, see what you can do to get,
if we can go to get this first.
CS: How long is a
DM: And then he can come tonight
CS: how long is a variance good for?
13
P1 27
DM: Um.
CS: For the tree. A landscape variance? It was granted. I think it's good forever anyways.
DM: Well, as, as Jong as Ben's coo] with it. We get one ---
CS: Ooooh.
DM: why?
CS: We filed for the variance, for the landscape variance. I paid for it, it got approved, and it
says time limit. If the variance is granted, such approval shall become null and void
unless a perm-, pursu-, pursuant debtor is issued within 180 days of date of approval at
the Board of Adjustment. Do I need a permit to put trees now? Do you wanna call Pam
and find out real quick?
DM: We gotta talk to Ben.
CS: I don't think you need a pennit to put the tree down though. I think the trees and plants,
you don't need a permit?
DM: I don't know. You gotta talk to Ben. Ben is the one that controls all this.
CS: What's the number there?
[Phone beeping sounds heard]
DM: 9-5-4, they're probably at lunch.
[ CS dialing phone - on speakerphone]
CS: 9-7-2-2-8-2-8?
[Phone ringing - on speakerphone]
DM: No, no. His office [UI], 9-5-4-9-7-2-6-4-5-4.
[Phone being dialed - on speakerphone]
CS: Okay.
DM: Ask for Ben Ziskal.
14
P128
[Phone ringing - on speakerphone]
UF: [on phone] City of Margate, how may I direct your call?
CS: [on phone] Hi, good afternoon, Ben Ziskal please?
UF: [on phone] One moment please.
[Phone ringing- on speakerphone]
OM: l.eaveamessage.
[Pre-recorded phone message states: Hello, this is the phone mail system. ---
CS: The sign must be seven days prior. I got, I got it right [UI].
[The party you have called at extension 3-0-7 is not available. You may leave a message
or transfer out of phone mail. To leave a message, begin speaking at the tone. To
transfer out of phone mail, push zero.]
[Beep heard]
CS: [Leaving phone message] Ah, Ben Zisbl, this is Chris Singh, uh, over at 246 North
State Road 7 in Margate . . . Uh, ifyou would, gimme a call back at your earliest
convenience, please ... Uh, area code 9-5-4-9-1-7-5-0-6-0 in the office, and 4-4-8-4-0-0-2
is the cell ... 4-4-8-4-0-0-2 .. . Chris Singh, 246 North State Road 7... Thank you very
much and have a good day. [phone hung up] [To DM] Okay, so we got that. I just
thought, well maybe we don't need a contractor. That's that's, so I got this here I could
take care of: and just [UI].
DM: That, that was a variance for what?
CS: A landscape variance.
OM: That you don't need it?
CS: Yes.
DM: So if you don't need it, you're good. That was a variance so you don't have to put it in.
15
Pt29
CS: I, I don't need landscaping in the front. Uh, but I must have three ---
DM: Trees in the back.
CS: - k-, in the back.
DM: Okay. Now if we decide we wanna put three potted plants, potted trees out front, do we
need to get a permit? Ask him.
CS: That's, okay. Yeah.
DM: We definitely wanna know. We don't wanna put, we'd rather not put the tree in the
back. Nobody's gonna see it.
CS: Yeah.
DM: We'd rather put it out front where people will see it.
CS: In a big pot, so I'll buy some huge pots --
OM: Yeah.
CS: I don't have a problem with that. You got to in-,(UI)
DM: Exactly.
CS: --- the uh, enclosure. Last but not le-, okay so we got, no, and then before we get into the
lease now, one more thing, and then you had something to tell me quick, but before like.
OM: Yeah.
CS: Now, the, the grants. There's a landscape gra..!, grant---
OM: Right.
CS: however, if we have a landscape variance, that means that we're not doin' landscaping.
But that may not fall into place.
OM: Ohno, we still can get it.
CS: If we're gonna do.
DM: If you want it, yeah. They, they would love to have you have landscaping.
16
P130
CS: Uh, it's just not but we could do it.
DM: Yeah.
CS: Okay.
DM: And it'll upgrade your property.
CS: How does that work?
DM: Again, we have to ask, uh, we gotta talk to Ben.
CS: About the landscaping. How with the commercial, uh, how you say that word?
DM: Uh,
CS:
[Beeping noise]
CS: The grant. That's not [UI- mumbling], okay for front is over 60 [UI], up to
5,000 for architectural service, and up to $20,000 for construction. And [UI] category.
Up to 20 for construction and up to 5,000 for architectural services.
OM: Do you have to match that or is it, the, they'll give it to us. You don't have to match
that I don't think. The landscape is a matching. For the, the I think.
CS: A cash grant up to the following amount. no, no, no. [CS reading the following]
"This money's available on a dollar-for-dollar match funding. The candidate pays 50
percent of total cost of each portion of the project, and the CRA grant is subject to the
limits listed above. The sample of the ground is being [UI] in the property and one of
the [UI- mumbling as be is reading]." Okay, so it's a match.
DM: It's a match, so if you, how much money you, I mean if you put 10,000, we put 10,000.
CS: Ifl put 10,000, they put 10,000.
OM: So what you need to do is I guess what? Go get a, an estimate of what it's gonna be
before you start filling that out so you
CS: Yeah.
DM: --- so you have an idea from the contractor.
17
P131
CS: Probably.
DM: And, and you,re, you're not gonna be able to do it yourself, you have to get somebody.
CS: Right.
DM: So what about this guy? Can this guy do commercial?
CS: Yeah.
DM: Your guy?
CS: He's a general contractor.
DM: So, uh, he's gotta design something and, and see because once you look at, once you draw
the design, the board has to like it and approve it. If they don't like it, they're gonna say
they don't like it. We're not giving the grant. You're gonna have to go back to the
drawing board.
CS: And it's a [UI] tree north ofhere, it's 100 feet long. It's 125 feet. I'll take a picture of
that and that's what I want.
DM: Okay.
CS: Exactly like that.
DM: Which one is it, which one is it?
CS: You'lllike it too, it's uh, where that Frenchy's Bicycles.
DM: Yeah, yeah, okay.
CS: You see the big, the ---
DM: Yeah.
CS: in the middle of a big square. hnagine the, the sign up top there that says bar.
CS: No, take just ... bar.
DM: Very simple.
18
P132
CS: In the middle.
DM: But you have to make it uniform because that's, you gotta go by the unifonn plan. So if
that was gonna be high, then you gotta put the other ones hish.
CS: Well, no, the way that is designed they have the middle of it as high, and then.
DM: The other three --
CS: The other, and ---
DM: or the othertwo.
CS: -- uh, uh, half the height --
DM: Okay.
CS: to kinda like perm it down.
DM: Yeah, yeah. Okay. So maybe, uh, we can get uh, a picture of that.
CS: Yeah, it's the same. Take a picture of that and uh, the problem is ... it's a grant. I
mean it's a match, see if, I mean.
CS: If this thing is uh, yeah, they'll give up the $20,000, which means if this thing.
DM: So that means you gotta put 20 up to get 20, it's gonna be 40.
CS: Yeah. UnJess, unless the thing actually costs me $20,000, then they would only give
10.
DM: Oh, you gotta get, you gotta get a guy, a construction, get a [UI], you gotta give me, give
you an estimate so you know. Ub you, you need something to play with. Just to see.
'cause it's, it's just a fake fayade, and hey, it's not really that much.
CS: Yeah. Who, and who approves this, Talerico?
DM: No, uh, the board, the whole board.
CS: h ~ the whole board. But I don't think, uh.
DM: We just, we just approved, you know, the wedding shop on Atlantic Boulevard?
19
Pl33
CS: Uh-huh.
DM: Across from the school? Well we gave him a grant like six years ago? And new
owners came in and bought the building, and we gave them another grant that they're
gonna match, and they're gonha redo the whole front of it again. We just gave it to 'em
Mon-, last, uh, yesterday, uh, Monday night.
CS: Oh. But do they have very, I mean do they go in depth and check the values and the
prices?
DM: Oh yeah, they, everything, they have to check it 1 1 They, theres a, there's uh, a fotmuJa
they go by. Um, a sheet that they have to submit you gotta go through. It's, it's, it's
very hard to cheat it. I mean you gotta, it's points, you know they watch everything.
Like they, they have, they, they give so much for architectural so you don't have to lay all
the money out for the architectural.
CS: Uh-huh.
DM: And then there's so much for construction.
CS: So, uh.
OM: And like we just gave, uh, a big grant to a Saveology on Coconut Creek Parkway.
CS: Uh-huh.
OM: I think that one was like $100,000. And we don't normally do that, but because he
brought so many, uh.jobs into town, 1200 jobs, they're gonna let him reface the whole
shopping center. And so, he has a matching grant
CS: Hmmm.
OM: So his bank, his bank is allowing it, which is really good. I mean the bank, that, that
whole shopping center almost went into foreclosure and we saved it by getting the jobs in
here, and uh, working with the landlord, so.
CS: Hmm. What I'm, what I'm thinking of is like, I don't think there's gonna be much left,
it, it's just gonna cost, if it's gonnacost 20,000.
DM: Yeah, so you put 10 up, and you, they put 10 up.
CS: I'm thinking of putting five up and a halve them put 20, and have them put 10.
DM: How you do that? You have to match it, don't ya?
20
P134
CS: Yeah.
OM: Unless, unless you work something out with some weird contra,ctor to see how you could
do it, you know? That's between you guys. I, I don't know lww that works.
CS: Hmm. Yeah, that's what I'm thinking. I could probably ask him to.
DM: First, let him give you an estimate and see just so you have an idea what the hell's goin'
on.
CS: Right I could probably ask him to write up an estimate for that, too, Thaes what I'm
gonna do. I'm gonna ask him to do something.
DM: So, let's, lees ---
CS: Yeah.
DM: we'll submit that, submit that afterwards. We don't wanna do that yet.
CS: Yeah, just, you don't wanrta complicate this. What's really, really, really important is
getting them to do the fence. Getting, getting Diane or whoever to approve the fence.
DM: Now, what, what about ub, don't you have to uh. The, I guess the contractor will do it
when he pulls the permit. You gotta have him come out and uh, spray and make sure
there's no lines under there.
CS: I don't think they did spray to make to make a line, they, they do that by, they don't put
lines in the property, they put lines on their me-, on the easement. That's why he said we
can go o-, uh, Andrew said, no Ben said I could go all the way up to the property line.
DM: 1 think uh, but they won't release the permit unless you have that signed off. Everything
has to be signed off, like,_ like [UI].
CS: [OV] Well no, they would [UIJ, well they wouldn't know, oh FPL and uh.
DM: Yeah, yeah. I [UI].
CS: Everything's overhead, though.
DM: Yeah, but even, they still gotta come out and check it.
CS: Oh, okay. So, what the con-...
21
P135
DM: Uh, you didn't know that.
CS: the contractor should.
DM: The contractor's gonna have to do that
CS: Right.
DM: You, all you gotta do is by giving a call and a telephone numbers, and they come out and
do it for free.
CS: Okay. So we, we'll, well, well that, that ~ we'll get, so. But we'll have to put in the
application and they'll tell us that.
DM: Yeah.
CS: The city will say we need this, we need this, we need this.
DM: Right.
CS: Okay. So that part is easy, uh.
DM: So we put --
CS: Wejustuh.
OM: the application in. If we can get it in by tomorrow --
CS: Uh-huh.
OM: and get it back by Tuesday.
CS: We could start on the fence. I have the credit, remember like I have the credit on -
DM: Yeah, yeah.
CS: on Lowe's.
DM: All right, welL
CS: Like, uh, blacktop [PH]. So, we're gonna leave the, the grants when they come over--
DM: We gotta hold that, yeah, hold that till---
22
P136
CS: we'll get some estimate-
DM: wegel
CS: and if you come across any GC's to give us estimate, that'll even [UI].
DM: Uh, you need to get three estimates anyway, because that's what they're gonna make you
do.
CS: Oh, they do?
DM: Yeah, you can't just go with one. You're gonna have to get three.
CS: I have, we have this guy that comes to the bar. I have this other contractor that we've
used at home when I did the pool and stuff, and a general contractor I can call him.
DM: And then just pull one out of the sky. Or somebody else that you know.
CS: It's just anybody, and I, I [UI] for that guy. So that was that. That's for a grant. That's
for the, the grant is covered, uh.
(phone ringing]
DM: That could be Beth.
CS: [on phone] WilliamL .. Uh, well no, I don't think I, I got you covered, but rm in a
meeting right now, so gimme 10 minutes and 1'11 call you back ... [phone hung up]
[Background noise]
CS: Yeah, uh. What the. And we're [UI] the size. [UI] get a, I get Rama for, to sign the
permit tonight. And Beth will call back and let me know if we have problems with the
trees. Uhm. You're gonna talk to Carlene, y o u ~ r gonna try to talk to her today?
DM: Yeah, yeah.
CS: And see what we can finally get an okay on the liens. Uhhhh. What else, what else,
what else, what else. The lien is really the big, is, is the, is really my kicker.
DM: Okay.
CHS !mean.
23
P137
DM: No probleni.
CS: i t h ~ with the, with the budget at work, I mean if I could, I mean 'cause I gotta pay
closing costs to do the same thing.
DM: What are they, what are they charging you?
CS: Well.
DM: Can, can you shop that around or no?
CS: Weil, what this guy is doing he's pre-. pretty much hooking me up.
DM: Oh, okay.
CS: I have Hterally the, you see the check that I go, the rent check ---
DM: Yeah, you [UI].
CS: ---the 8 grand coming in on the books. It's gonna cost me, and I'm gonna spend $6,000.
Because it's fl-.
DM: Did you finance?
CS: No, but it's $5,000, they had to do everything, and he's literally guaranteeing me that I'm
gonna get 120 grand.
DM: Okay.
CS: A 100 to 120 grand.
OM: What happens if you don't? He's, he, he's.
CS: That's why he's giving me this check for the stuff, he, he ---
DM: Okay.
CS: showed me his, it's, I mean.
DM: Okay. Okay, I'm just wondering---
CS: Yeah, and. [laughs]
DM: 'cause [UI] guy, I wanna see some.
24
P138
CS: So I'm gonna spend five grand on that. No, but either way, ifl don't get 120,000, I'll,
I'm still gonna get it refinanced and, and better rates and what.
DM: Yeah, yeah.
CS: Ifl have [UI], [UJ] to Commercial. It's not gonna go to [UI] person. I've been
fixing my credit
DM: Good.
CS: If I get 120 grand there, that's good, you know, good play money. So ifl spend five
grand there, I'm thinking even ifl, you know, give you a grand, I want. In other words, I
don't wanna spend 24 fuckin' hundred dollars; so ---
DM: No, I gotcha. I gotcha.
CS: -- I'll give.
DM: Well, now let me give you my good news. So this might be even, even better for you.
Uhm, the, my Russian investor ---
CS: Uh-huh.
DM: ---that wants to invest, he's in town for a week.
CS: Uh-huh.
DM: And they're hot to trot. I haven't seen him. He was here yesterday, but I was at City
Hall, so. I gotta call him today. I got a phone call into him. I'm waiting for him to call
me back. I wanna know if we, and (Ul), he said we wanna get the liquor license and we
want the other bay. If we do this, and I can get the last and security for the other
bay, I just wanna know if we can negotiate a better lease, urn. I can't pay 2,000 and
2,000
CS: Uh-huh.
DM: I just can't do it. But can we, can we negotiate a better lease, uh ---
CS: Take 500 off.
DM: where we can, yeah, that would be perfect.
25
P139
CS: Right off the bat, I mean
DM: Yeah.
CS: --- that's not even a negotiation.
DM: And on top of it, I got 14t000 in arrears, not including late fees [UI].
CS: Yeah, well no, fotget late fees. Forget late fees.
DM: Yeah.
CS: That's not even a discussion.
DM: So I got seven ---
CS: Aug----
DM: months.
CS: August, September, October. Are we coun.ting August or we leaving August off the.
DM: Off.
CS: Okay, August.
OM: Or you, let, let's, Jet's, let's see what we can do. Leave August, bill September now---
CS: But [UI] October, November, December.
DM: at seven months, because the.
CS: and January, February, March. September, October, November, December, January,
February, and March.
DM: Two thousand a piece, that's 14,000.
CS: That's 14,000.
DM: Okay, so, uh, off the top, 14,000, we're still at 2,000. I'm gonna see what I can get
from this guy, 'cause I wannabe able to just go like this, boom. And let's get, let's
fuckin' stay current. Ifl can get that money up, can we, can you drop me back to 1500
for six months, with the one bay? And what I'll do is I'll pay weekly. I will give like--
26
PI40
CS: Yeah. Now, we, we---
DM: a weekly, a weekly payment.
CS: can, this, your uh, current lease ends in July.
DM: July tt.
CS: And we can, the week is, July, what is it, March? This is March, right? April, May,
June, July.
DM: Four months.
CS: Four months. Um, from August, uh, August ls
1
, we coUld do 1500. And I, I don' t even
have to do it for six months, I can do it for a year.
DM: Right.
CS: I don't have a problem doin' that.
DM: Okay.
CS: Uhm. And you just have to do a first, which is August month anyways, so that way you
don't anything till September. A last month and a security deposit, which is
basically three months rent and, so that's $1500. So we put $2500.
OM: But we' ve already given you first, last and security, so.
CS: No he, remember, that's what we. When he, when we last had the discussion with him,
no rent was paid after he wrote that but he was here before March.
OM: Right. But we still ---
CS: So that applied ---
OM: we take, no, say, say we.
CS: Okay.
OM: Ub, [UI] if we want to renew, say we, I was gonna move out ....
CS: Yeah.
27
Pl41
DM: ~ c o m e July 1st -
CS: Uh-huh.
DM: ~ ~ I would use my, my last and security.
CS: Well, no that's what rm trying to see here. Uhhhh. Uhhhh, I'll show what he did.
Remember, this was a discussion we, I had with him, and then he walked in and say, you
know what, we'll ---
DM: Yeah, yeah.
CS: --we'll [UI] that.
DM: [on phone] Hey, Trace, uh, tell my mom I'm almost finished ... I, I haven't got a phone
call yet back, but uh, it's, it's two o'clock so it's been a couple hours ... Does she want a
hot dog, give her a hot dog ... All right, thanks. Bye. [phone hung up]
CS: All right, you gotta take care of mommy, you know that?
DM: Yeah, sugar, I want sugar.
CS: Oh.
CS: I'm look .. .
OM: No [Ul] came in yet, right?
CS: Uh, no. It would say on the computer. I thought I, uh what did I do with it? Uhhh.
DM: I got a copy on my desk at home.
CS: [UI]. No, no, when he, when uh, what's his name, when he first, when he first came in
with, with what's his name. I don't know what that gufs name is.
DM: Uh, Ken.
CS: With Ken, he did do a first, last, security, right?
DM: Yeah, that was for the first month, January, or for July.
CS: No but, oh yeah.
28
PI42
DM: First, last and security. And then when he wanted to renegotiate because our lice-,
license got yanked ---
CS: Yeah, yeah, yeah.
DM: and that's, that's when uh, we had to, to, and he called you a fuckin' crook. Or cheat, I.
don't know what'd he call you?
CS: Yeah, fuck he was crooked, you, you know what I mean, he's. Yeah, I have it here.
He did, this is a, I have the. copyright here. What he pay the ... that's Johnny's. I don't
[UI]. July. Last month's rent, uh, okay. Why I am always confused. You are, you
know what, rm, I'm a little bit confused on it, that's true. July is paid, right?
DM: Right.
CS: And the last month goes to August, you don't owe August. We were, were talkin' , but
you were saying you're gonna pay August.
DM: No, the first, yeah, well that, we wouldn't pay it.
CS: So, you don't, you don't, you, you will tell me you're gonna give it to me in, in payments.
DM: Right.
CS: and so we use. His, his la-, when he signed, when you signed the lease with him, July
was paid - -
DM: Right.
CS: and then you left the last month's security deposit. The last month's rent would have
been August
DM: Right.
CS: because you start over in September.
DM: Correct. So what we could do is either apply that last month and then put first, last,
either way, either way.
CS: No, no, we apply, what we do is, he paid the last month in Ju-, when, when you came in
July .....
DM: Right, so you said July.
29
Pl43
CS: so the last one would have been August. Your security deposit, you can use that for
your July and still have money.
DM: I gotcha. I gotcha.
CS: You follow what rm saying?
DM: Yeah, yeah.
CS: In other words, rm not gonna say, urn, [UI].
DM: Well we'd rather not give money back, we'd use it.
CS: Well that's what I ~ saying) so we use it.
CS: And ultimately what you have is you have a security deposit of$3,000.
DM: Right.
CS: Which should really be used for rent, but I mean, between you and I, what's the big
fuckin' deal.
OM: Right.
CS: So the last month rent on, when he did it with DMI, it would be August. So there's no
last month's rent, and it's, your first month was 1500 anyways, you remember?
DM: Right, right.
CS: So ultimately you have a $3,000 inside --
DM: Correct.
CS: urn, which we could, we could say that can go to a, uh September and have [UI], you
know what I mean, whatever, we give 2,000 [UI].
DM: Right, right, right.
CS: It change, so you did.
DM: So you [UI] with it.
30
P144
'
'
CS: Yeah you did, so we, you do have $3,000 from, uh.
OM: Well, what I, what I wanna do because ...
CS: Because your new, when did you sign a new lease?
OM: I sign, I, well I [UI]. We stayed the same, didn't we?
CS: No, no, you started over because [UI] first of all is the other license.
OM: Oh yeah, that's right.
CS: Uh, we didn't---
DM: Uh, September---
CS: --- I didn't wanna keep your name and address.
DM: September 1st.
CS: September 1st.
OM: Right.
CS: September 1st is a new ]ease. Yes, okay, on the new lease it shows, I put on the new
lease the $3,000.
DM: Okay. Okay.
CS: It's just that the only thing we don't have is no first month, no, no rent applied to any on
this lease, but this lease does show a $3,000 security deposit.
OM: Okay.
CS: So you do have $3,000 that's sitting on this lease, and basically rent is from September
on, which is fine.
DM: Okay.
CS: . Yeah, so you were, you were actually right, I'm sorry.
OM: All right, so what I wanna do is, I wanna get as much as I can out of these guys, take care
31
P145
of you, urn, and then from there, we, we, we'll work something out, to, to make the other
side work.
CS: Well, what I can do.
DM: Well before, before you even say it, let's see how much I can get
CS: Yeah.
DM: Because that's how, that's hQw what it's gonna depend on. And if these guys are not
buJlshitters, and from what they, they sound like they're not, they sound pretty legit.
He's here for a week-
[phone ringing]
DM: --you know, and he's been waiting to get here. He wants to get this fiiggin' thing to
work. He wants to do it before he leaves.
CS: Ifhe wants, if he wants the two units because I'd have to, you know ---
[phone ringing]
CS: I'd have to go through the city and all kind of motions to [UI].
DM: Well that's what we gotta find out, too. What's it gonna take to do that.
CS: And ifl have to put a [UI], I'm gonna have to go through the city to put some backup
walls and the separation and again ---
DM: Yeah, yeah.
CS: a new address, because now we're gonna be giving up, uh, space. You know, a sign like
existing space. You know what I'm talking about, like you wanna, it's for that reason
we have to make it back into uh, uh ---
DM: Another bay.
CS: ---another bay. And you have to know if they got a sign in c ~ and the city has to
approve if you're gonna allow another business to come in there.
DM: Right.
CS: 'Cause now it's been---
32
Pl46
DM: Yeah, it's always ---
CS: ---
DM: --- but you know, it's still, but it still bas a separate, um, address. So I think you can but
we got--
CS: Oh, okay.
DM: --- we gotta guarantee it.
CS: Okay.
DM: Yeah, as long as you got that separate address.
CS: But it has to be [UI]. If we can get, well, what, what did we talk about? I know, I don't
even remember, [UI], why don't we talk about maybe later take care of you all the way up
through December. I mean if---
DM: Oh, let's. ..
CS: they give you money, that's their business.
DM: Let's, let's, let's talk about that later.
CS: Ifl can get you, I mean the lien, the lien is [Ul]. The lien to me is, if I get a lien for half
off, it's worth to me so I can easily give you a $1,000 to get the lien. I pay the 250, but
that's still half off. I can, I have the, I did pay like $250. I'll go, myself and pay the city
150, the $250 or 150, whatever.
DM: Whatever we can do to help the business we will.
CS: (UI] get that done.
DM: Yes.
CS: And.
DM: And I'm, and, and listen, the city, the city wants to get everybody in compliance, so that's
the whole deal. I, I, I don't think we're gonna have a problem getting everything worked
out.
CS: Make it happen. Make the lien happen.
33
P147
D M: All right.
CS: I'm good for a $1,000, and then what I was trying to say to you is, [UI] to December so
which leaves you with January, February, March [UI].
DM: They were paid.
CS: That's only three months rent.
DM: Yeah, that's what, w ~ n see what we gotta do. And then uh, if we can ge4 the most
important ~ we get all this done, and we show a picture of what the place is gonna
look like, this is gonna be nice for this area. It's gonna look good.
CS: Make it happen, uh.
DM: Irll be good for the CRA. So. And then we get that all fenced in.
CS: What.
DM: Are we gonna have to put a gate for those, to get, are we, I mean we're gonna put a gate
later or make a gate so you can get those things in and out? We have to have a gate
there show it?
CS: They show the gate in the drawing.
DM: Okay.
CS: At [UI] I mean you can't fence it and not get in it.
DM: Yeah, you gotta be able to get in and out.
CS: If the guys be able to drive a, uh, uh one of those driving lawnmowers. Let's just say
they said no storage. The lawnmower, well the purpose of the fence is Code
Enforcement wanted ---
DM: You don't have to see everything.
CS: ---hid in storage.
DM: Yeah.
CS: They don't wanna see everything. And that way it doesn't bother, you get the neighbors
around. But ultimately, what I wanna do is I wanna get [UI] steady income, that's what I
34
P148
need really income.
DM: No, I know. See, once, once we get ahead of everything, then, you need to get back on
your feet.
CS: That's, that's, this is why I'm trying to say to you is that I am willing to cover you all the
way up to August.
DM: Right.
CS: I mean to December. So I want [UI] ---
DM: I got you.
CS: -- in December, $8,000.
DM: I got you. I got you. And are we, then, at that---
CS: Ifi can [UI] ...
DM: --- at that point I wanna go weekly with you. I'll give you a check every frickin' Monday
morning.
CS: What a payment is right off the bat, we get all these two things [UI], we get the grant.
We get this knocked out of the way. You, you all the way up to December. What I'm
trying to say is if you just go from January start rent, find a way to get rent in January,
February, a r c ~ and even now, April's coming up.
DM: Yeah.
CS: Even start paying April, at least you ---
DM: Yeah.
CS: ---you are some kind of track. And in the back of your mind, you know that you' re
covered.
DM: Right.
CS: I mean that's $8,000 you don't have to worry about.
DM: Uh-huh.
CS: And fuckin' alcohol and tobacco thafs riding your head but it's a $1,000 there.
35
Pl49
'OM: Yeah, but at that, we're clearing everything up so, I just got my, my uh, my taxes in. My
sales tax is the other thing that I'm working on right now. So, by the, by mid-Aprill
should be caught up and legal on everything. So.
[Background noises]
CS: On everything meaning me, too? [laughs]
DM: I'm trying. I'm trying.
CS: So, I'm gonna call the co-, this guy I get the drawing, and I'm gonna [UI] 10%.
DM: [OV] Hey listen, the best thing is [UI] before the guy leaves-
CS: Uh-huh.
DM: -- ifhe can deposit money into the account.
[Rustling noises]
CS: [UI].
DM: 'Cause he wants a liquor license.
CS: But ifhe does that, yeah.
DM: If he does that, I'm telling you right now, we're going out.
CS: Ohyeah.
36
PI 50
-Exhibit 14-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
-:if
March 22, 201 2 I{-
4:42 pm; 4:48vpm
audio
DM: David McLean
CS: Lutchman "Chris" Singh
[PH] Phonetic
[SC] Simultan.eous Conversation
CS: Check one, two. [noise] Found a penny.
DM: Was it heads up?
CS: Yeah.
DM: Make a wish.
CS: I, uh, heh, I know I just did, thank you.
DM: [OV][U l] I, I had, I talked to Gene about the, the fine and, uh, before J told him I said, "First
of all,'' I said, uh, ' if somebody has a fine on the property, uh, whether it's residential or
home, or business-" No I, I got a sty.
CS: [OV] No it wasn' t a [UI]. f know, I know, I just wanna sec something. Look at me? You
didn't put hot water on it.
DM: Y cab 1 have been. I have and it feels really good.
UM: (UI] have to come back.
CS: We're, we're waiting to hear from them.
DM: So, uh, y-, y-, I didn't wanna say who it was. I said, "Do we work with the people?' ' He
says, "Residential, urn, we can work, we, we don't work with because-"No wait, he said,
"It' s, it's easier to get the money from the businesses than it is the residential. Residential
it's very hard." So he says, uh, "But we do work with them." I said, "Alright." I said, "Well
listen, I have a, u r ~ a property that, urn, that I want you to work with." I said, "But how
does he go about doing it? Uh, docs he come and see you? Does he write you a letter?" Urn,
I said, "You have, uh, taken him to court before and I want this done fairly." He says, "Who
is it?" I said, "It' s my landlord." He says, .. You shouldnt be getting involved in this.'' I
said, "I' m not getting' involved in it. I'm asking you which way, how can he do this?" I
said, "He's looking to clear all his fines up. He wants to, urn, go for a fayade grant and he
would like to put the money into the building instead of having to pay the fmes. " He says,
"Well I can knock off five hundred bucks." I said, "Oh, come on. Gene!" I said, "That's
ridiculous." I said, "It's a business, c' mon! " He says, ''Alright, well Nancy . .. " his
secretary, "will be back in next week. She'll print out all the, uh, the whole list, see what
the fines are.'' And they' re 'bout. they're just gonna be, what, the ones that go daily, is that
what it is?
CS: No there's one that went daily that stopped, but t11at one we can work on that. That's not a
PI S!
business itself.
DM: Okay.
I
I
CS: That's not a building. That's the one for operating without a correct license. But once we
get the license sort out, then we go in front of the commission and ask for an abatement.
DM: Right, well you go to the, the magistrate.
CS: Yeah.
DM: Right, right.
CS: [UI] ask for an abatement because, you know, we did whatever was needed. But as far as
what's in my name, personally, in the business, that's, I mean on the building, that's what
we want.
DM: Okay, so we'll, we'll get a listofthat next week 'cause his secretary's out. I gotta a list. But
this is what's owed. It's a $50 administration fee, 150, comes to $4500, or $4200.
CS: Well, oh, what's that lien?
DM: Thirty two, 159 and 50.
CS: Oh what's the 32? Oh, the daily fees. That, but that's Autotronics, isn't it?
DM: I don't know. Well that's what we have to get the print out when, when she gets back.
CS: Oh, okay. So that's a, alright, [UI].
DM: So hang on to that. [noise] And, uh, next week we'll get the whole thing.
CS: And we, he wants to knock $500 off?
DM: Yeah no I'll get more than that off. Don't worry.
CS: Man.
DM: So, anyway, um, listen, what time you leaving tonight? I wanna c-, I'm gonna grind that
thing off tonight.
CS: I'm here.
DM: You got the grinder? I broke it, remember? Do you got another one on there?
CS: Oh yeah I got another cut off wheel. Uh, to cut off the, urn, fan. A lot of shit, ain't it?
DM: Yeah, but that's all clear.
CS: Yeah. [Pause] Okay.
DM: I wanna do it when it gets dark out.
CS: Mm.
DM: When these guys are gone.
CS: Alright.
DM: We got enough hose to do it? Or we gotta stretch it again?
CS: I have anoth-, I have another, urn, ...
DM: Extension?
CS: extension, no but I was reading this, sorry. So the total liens is fuckin' how much? 30--
DM: Forty two, 42. With the fees.
CS: $4200 [noise]. Fuck. [noise]
DM: I know. [noise] Where'd you get 28 from? [noise]
CS: I, [UI] the last time I checked it, it, the lien was like $2200, something like that? What I'm
guessing is $3200 is the automotive lien. That's the one that we, yeah, see says special
master daily fees at 3200? That's the one that [noise], well, you come to me and said that I
had the wrong license, so I corrected and now [noise], I had the wrong license, I corrected
it, so-
OM: So that's why it kept ringing, ringing, ringing? [OV][UI]--
2
PI 52
I
CS: Yeah, then they stopped it. [noise] ' Cause that one we should be able to get removed
completely, but there's a lien, she says, on the building itself. That's the one. Well you'll
find out next week.
DM: We'll find out next week. We'll get [noise] everything from her. [noise] Carlene this is
what she pulled up for me.
CS: (UI] So we have to find out.
4:48pm
DM: Nowt listent what do I do about, uh, you got the key to open that?
CS: Yeah.
DM: So what we'll do is I'm gonna cut it off after, uh, the weekend, Monday I'll go pay the
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
fucker and then they're gonna come back and it's gonna already be off and on. So it, I'm
not gonna say nothing ..
I don' t think, I, [UI] it's not, it's not really the same people anyway.
Right.
All they gonna come and say, "Oh, the switch maybe."
I could do that, I could just shut the switch.
When the guy shows up.
How was he with you? Was he bitchy?
No, I was just, uh, begging, not begging, I was like saying, "you can't come back and do
this tomotTow? I mean, you can't cut a guy off some slack, man." I said, "The owner is not
here. You know, as soon as he gets here I know he' d take care of it right away."
[UI]
E was standing right there. I think he was already kinda aggravated because E [OV][Ul]--
E video-taped it.
Yeah, but he was already in this shitty mood.
Yeah.
So, I, he [UI] said, "Oh you don' t have a screwdriver now." I'm like shit, man. But, he was
already fuckin' pissed at him for, you know, [OV][UI].
Yeah you start, yeah, the way he, he, he, be, he misled ' em. He said he's got until the
twenty-seventh to pay this. And then he came around back and shut the fuckin' electric off.
It says the account will be closed by the twenty-seventh but be didn't explain it to them that
way. So anyway, that's my fuckin' life's story. Alright I'll be back. Let me go get her
medicine then I'll come back.
3
PI 53
-Exhibit 15-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
April1 0, 2012
8:42pm
audio
CS:
DM:
David McLean
T: Tracy lNU
Abbreviations: {UI]
[PH]
[SC]
[OV]
DM: Ok. no, we were, we were outside.
CS: Oh you went through your bar?
DM: Yeah, [UI].
U nintclligible
Phonetic
Overlapping Voices
CS: I thought you were coming here to go back.
DM: No we were back.
CS: I thought he was coming through back there.
DM: [UI]
CS: I'm there talking to him until 1 thought you were coming back.
[UI conversation in the background]
DM: You put lights on her car?
CS: No 1 said, I put lights on her car, light bulbs was blown.
DM: Oh.
CS: She wants me to charge her for it. I'm not gonna charge her for two light bulbs.
DM: Alright let's, let's, let's go through this and get it right. Honestly, she said to me that you
said to her let's, let's get through and you say yes or no. She said that you, that you told
her I was behind on rent and I'm not getting the tattoo shop no matter what.
-
PI 54
CS: I did tell her that it, it, 90%,99% you' re not gonna get a tattoo shop because none of the
investors are coming through.
DM: That's not true. I told you that I'm working on it, but you told her this on Friday. You
told her this on Friday.
CS: [UI] on Friday, no this is Fri-, it's Friday also?
DM: No, it was Friday.
T: I just cashed out.
DM: She just. came back. She started on Thursday. You told her on Friday.
CS: [UI]
T: Yeah that, that's [UI]. I didn't even tell him about [UI].
CS: The first night we talked she says, 'someone's cutting the wires.' I said I don't think
that's gonna happen.
DM: No you, no you didn't say it's not gonna happen.
CS: That was before, no that was the first time. [UI] now.
DM: Ok the second time you said no, it's not gonna happen. You're not gonna give me this
place. The investors aren't coming through. Now I told you sometime last Wednesday
that I had the meeting on Friday of the following week with the Russians and they want to
come through, but I gotta give numbers, the whole nine yards. Now you told her on
Friday. I'm just gonna tell you right now, they ain't nothing gonna happen. I, ah,
everything's on hold until I get what I want.
CS: Everything on hold like what?
DM: Period. I'm not saying nothing. 1 ain' t saying nothing.
CS: Oh [UI]. I told, when she asked me I need to know, I need to know what to do. I need
to know what's going on.
DM: Here's the deal.. ..
CS: I said to her, I said I don' t think it's gonna happen.
2
P155
DM: I'm wilJing, I'm willing to pay my rent, I'm willing to pay my rent. And you're gonna
have to go through the system. You tell me what you want to do. But for you to tell a
bartender that has nothing to do with this fucking place, hold on, just like the fucking, the
guy with the fucking uh A TM, has nothing to do with this place. Let me tell you
something ...
CS: I told, but I told him make sure he puts, gives you the commission.
DM: Chris, let me tell you something, I'm going to be honest with you. I love you to death
and I'll do anything. And I think, and I think I've been over and above for you. I've
done everything I said. You've been very good to me for not charging me the rent or
putting me through the process. But I'm telling you right now, I'm willing to go through
the process or walk away from this place and owe you nothing. And I will be out of here
withln a week. That's up to you.
CS: If, if ...
DM: That's up to you. That's up to you.
CS: That's fine. No, you can walk if you want. I don't care.
DM: I don't want to do that.
CS: No, but I don't care if you stay or you go. What I told you is, listen to me. Ok, I told
you .. .
DM: Wait, I got one even better than that. I got even one better than that. Cause you talk to
other people and I'm gonna bring it up. I never brought it up, but go ahead, you tell me.
CS: Bring it up.
DM: No, not now. I don' t want to put my thoughts [UI]
CS: If I want, I want, if I wanted to slander you out there, or slander your name. Every time
this asshole Mitch, you know how many times he tried to call me?
DM: I don't care.
CS: I had to finally ignore him. I would have already said, you know what he said to me?
Does he pay rent? I said that, that' s nobody business. That's nothing to discuss.
DM: You never told me that.
3
P156
CS: Why would I tell you that? To make you more upset about this asshole?
DM: No not all . Why wouldn' t you tell me that?
CS: He was, because I would never ever tell him that you payed or you didn't pay. I said it's
no body's business, nothing to discuss. I said if it becomes something to discuss, I' ll be
happy to tell you. But right now there' s nothing to discuss.
DM: That's flne.
CS: Which means, [UI], if there's nothing to discuss.
DM: No, because you can turn around say, no it wasn't paid.
CS: Hold on, hold on. But I never said that to anybody,
[CS takes a phone call)
DM: There should be no talking to nobody. Ok now let me give you another one.
CS: This conversation came out of concern about why, am I, do I have? What's going on with
my job here?
DM: Wait hold on .. .
CS: That' s how it started off.
DM: Alright, let' s flnd out. I want to flnd out what's what. Because you're saying that he
brought it up to you.
CS: No. No, no, no. I told her that you're not gonna get next door because no investors are
coming through and you know how he is with money.
DM: This is last Friday?
CS: No, no, no. This is, this is a long time ago.
T: Then I asked, then I asked . . .
DM: Wait hold on.
CS: No, this is a long time ago.
4
P157
T: Yeah, this is awhile back.
DM: Ok and what about last Friday?
T: This was after the whole shit with [UIJ.
DM: Yeah.
T: That's when we had the first conversation ...
CS: About next door. Not about here, but next door.
T: Right.
DM: Yeah. That has nothing to do with me . .
T: So, right. That had nothing to do with you.
CS: No, no, no. But you wanted to take next door.
DM: Yeah.
CS: And I said I don't think it's gonna happen. She' s saying, well he's going to cut a hole
open here. I said, I don't think that's gonna happen.
T: Yeah, but then, . .
CS: I said that's gonna cost a lot ofmonei
T: . .. the whole thing came up that you didn't pay rent and ...
CS: How did that come up about him paying rent?
T: You brought, you, when we were discussing that about, cause I said something about
Dave taking next door and you said, you brought up about the urn, he hasn't paid rent so
why would you give him next door. Ok, because he hasn't paid rent and whenever his
lease is up in September, October ...
DM: You're not renewing me.
T: or whatever that you' re not renewing him. And T'm like well I need to know because I
need to have a job.
5
PISS
CS: That's not, I don't remember that cause 1 don't have to justifY to anybody, but that's not
what started it. It started off with you were concerned about how secures my job?
David's talking about cutting a hole here. And I said, I don't think that's gonna happen
cause his investors are not coming through. That's going to cost a lot of money. I said,
we discussed that and I even mentioned a number. I said, that's at least 10 or $15,000
for something like that to happen. That was the conversation that I had with you. I said
that's not gonna happen.
T: That, that's his money and I told you that the, the guy was in town and Dave's getting,
getting it, whatever.
CS: Ok, said if he's getting it, he's getting it. If he gets it, that's fine. Which I told you, you
told me if the guy comes in with money, 1 said yeah.
DM: But let me ask you something. Why, why would you discuss this? First of all ...
CS: No, the discussion was going just the way it sounds. It sounds like [UI]. The question
was asked ...
DM: Doesn't matter.
CS: The question was asked, 1 need to know .. .
DM: You just said you didn't answer Mitch. Why would answer my employee?
CS: She's asking me about cutting the walls. I wanted to know if this wall is not cut, wall
isn't cut unless somebody comes and pays for that wall.
DM: Ok, alright second point...
CS: That's why that came up.
DM: Chris, you know what?
CS: What?
DM: You can bullshit me all you want, but you know what? You're full of shit. Second
point is this, you've already talked to people over at Jesse's, and I've already had them
come to me and talk about it. And I can't believe they even know about my personal
business here, ok? And I never brought that up to you, but I'm telling now, I do know
about it. And I'm gonna tell you right now .. .
CS: If I, if I wanted to talk to somebody ...
6
PI 59
DM: Before I bring, before I bring this money in. I'll tell you right now, I'll walk away and
you get nothing. And, and you'll suffer on everything else.
CS: I'm not, I'm not expecting to get anything. I wasn't looking for any money which I
discussed that with you in the past.
DM: We're not even talking about that. I want to pay my rent. I want to pay my rent.
CS: Dave, we never, I never, never expected any money for rent from you after I realized the
situation you are going through. I would talk about you have to working for it. Not as
far as, ok get somebody to come up with the money, we'll wait. Have I ever asked you
on the first day, where's the rent?
DM: No.
CS: No, and it's because I know that you're working, waiting on investors. However, the
only conversation, the negative conversation I had with her is when she asked about how
secure or I need to know what to do ...
DM: Should never have been talked about. Should never have been talked about.
CS: That's why I asked if she's got a better job ...
DM: Doesn' t matter. Should never have been talked about and it should never have been
talked about at Jesse's. And that's where I'm at. And you know what, I'm not doing
any more. I've sat here, I've cleaned this fucking place. I've tried to do the right thing.
I haven't paid you rent, but you know what? I'm working on getting the money in here.
And you know what? I'll stop at this point right now and I will be out of here within a
week.
CS: Ok that's fine.
DM: Just want to let you know.
CS: You want to be out of here in a week? You'll be out of here in a week. It doesn't
bother either way.
DM: Butuh .. ..
CS: It's not like I get any money out of it.
DM: But, but to be honest. ..
7
P160
CS: I, it'll probably be better for me if you're out of here cause I'll get somebody to pay rent.
DM: But to be honest, I don't have to be out of here in a week, I'll make you go through the
whole process.
CS: I, I don't care if it goes through, I...
DM: I want to be in a lease ...
CS: Yeah, go ahead.
DM: I just can't believe that you took my business, told my employee ...
CS: She asked.
DM: Doesn't matter.
CS: She asked me about cutting the wall.
DM: Doesn't matter.
CS: And I had let her know because she, she is supposedly ...
DM: Doesn't matter.
CS: the bar manager.
DM: Doesn't matter.
CS: It does matter once you start cutting my wall.
DM: Like I'm gonna do it.
CS: Notyou ...
DM: How, how am I gonna cut the wall when I don't even have a lease next door. Let's be
realistic, ok. You know what, when you're caught in a fucking lie, why can't you admit
it?
CS: Realistic Dave, realistic, do you have a key to the front door of this place?
DM: No.
8
Pl61
CS: So how are you in the place?
DM: Through the back.
CS: How do you get in the back door?
DM: Mykey.
CS: Initially, the first time you got in the back door, how'd you get in the back door the first
time?
DM: I have no idea.
CS: Broke in the back door.
DM: No I didn't.
CS: I never gave you a key for this place.
DM: Doesn't mat-, ok. . .
CS: Admit it, no you're telling me I'm lying .. ..
DM: I'm not saying that. You know what, you know what I have noth-, I have nothing else, I
have nothing else to say to you. And you know what, you know what, we're on the same
terms as they were before.
CS: We don' t have to, because you can suspect what you want. And as far as I'm concerned,
you don't even look me in the face. Because you are a piece of shit.
9
P162
-Exhibit 16-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
May4, 2012
1:27pm; l :38pm
audio/video
DM:
CS:
UF:
[UI]
[PH]
[SC]
[OVJ
David McLean
Unknown Female
Unintelligible
Phonetic
Overlapping Voices
DM: So I was laying in bed last night thinking of what we're gonna write in this letter.
CS: Right.
DM: And we' re gonna, I'm thinking' real, we're gonna write about, uh, we'll start off by, you
know, we, we got a uh. Is, is, is it a f-, is it a fine or what is it? It' s not a lien, it's a
fine.
CS: Well, yeah, it, it' s, it's called a lien because this lien is placed on you. but it's realJy for
fines and if s.
DM: And I'm gonna say that we, you started out, like, you know, I'm gonna say you started out
as a, a rental, of the rental business at another plaza.
CS: Right.
DM: And as business picked up, you were able to purchase a building in the City of Margate,
and be able to become a businessman taxpayer.
CS: Right.
OM: Paying the fire fees and everything else.
CS: Every year. Uh-huh.
OM: And you would like to uh, be, have, have the city consider, urn. And we' re gonna make
it to the city manager.
Pl63
CS: Yeah.
DM: And then she can direct it to the city attorney.
CS: Okay.
DM: And what we'll do is say, uh, you know, you're looking to uh, aren't they good?
CS: Yeah.
DM: We're looking to uh, you, you, you, you brought everything up to code, and we're looking
to uh, remodel the center, and see if we can get a, a whatayacallit, a uh, a grant, and at the
same time would like to put the money towards beautifying Margate.
CS: Rather than, yeah.
DM: Than, you know, paying the fine.
CS: Uh-huh.
DM: I mean can, can there be some consideration given?
CS: Like, like that? Like I kinda have that concept in mind just how to word it.
DM: Right. Well once we get it down there.
CS: And who to give it to. If you're giving it to the right person it helps.
DM: Y eal1, we gotta give it to the city manager, and the city manager will, will bring it to the
city attorney.
CS: Urn.
DM: Because he really basically has the final say. And he'll say yes or no to prosecute.
CS: So what it is, it all came about with. And m-, me misinterpreting my, my license simply
because it, it took them, until, this was going on for what, maybe three years, right? If
it take 'em 12 years, I'll be doing the exact same thing nothing different from the [OV].
DM: Right.
CS: So it, it, I'm not gonna say ignore it. We're not gonna say that, and because ignorance
is not uh, an excuse for the law.
DM: Right.
P164
CS: If[UI] ignorance is a misinterpretation. And even if! got any, you know, anything going
on, it' s, it's, it's public knowledge, it's not hidden.
[UM heard talking in background]
DM: But . . .
CS: Oh yeah, you see.
DM: but I think, I think we'll have uh,. I think she'll be fair about it, I really do.
CS: I think one ---
DM: And then once you get that thing fenced in in the back, it'll be nice.
CS: Yeah. And the city manager is.
DM: Yolanda, the one youmet.
CS: That's the one you know. She's good.
D M: Yeah. That's the one that came out to the Tiki Hut the other day.
CS: Oh, oh good-good-good, so she's, she's gonna be favorable.
[background noises]
DM: All these different.
CS: You know what I do with those nwnbers, I ignore them. I don't know when I answer it.
Everybody wants to talk.
DM: I'd like to get a new number, but.
[background noises]
CS: Everybody has this number already, right?
DM: Yeah. Are those ribs good or what?
CS: Well , you want some more?
[background noises]
3
Pl65
CS: So, we do uh, I mean after we' ll do that [UI], 'cause you can' t do the survey. I want, I
don' t wanna slack on it.
DM: No, we'll get it. This, this week coming for sure, no matter what.
CS: With especially with, you know, Ben is okay with everything now. I don' t want him
to---
DM: No, I wanna get it done now. I wanna get it done now, too. I want you to be able to get
that fence up. Let's get everything the way you want it.
[background noises]
DM: Hey, did I tell you Joey got the girl pregnant?
[background noises]
DM: He' s bragging all over Facebook. E looks on, E's got him linked to his Facebook or
whatever. And that's all he talked about. I'm so glad. I can't wait to be a father and
this and that. God bless him, but he ain't got no money.
[background noises]
DM: You think you have no money now?
CS: [laughs]
DM: Hey!
CS: Yeah, right? What about uh, okay, so we get [UI]. Uh, and then we have to find out
where the parking space is. That's when he's coming. They say, the city will, the city
will love that, they alre(!.dy said that, and the state loves it, it's just that you have to go
through the procedure to do it.
DM: Right. And we gotta, uh, what about, and we gotta talk to Ben about making that
decision on the back, to do two more feet.
CS: Well, that's where you can' t, you have to do quickly. You can' t wait on it because you
don' t know. Uh, is there a faster way, or is there a way to make it happen faster.
Because if something is possible, the city' s not using it.
DM: I think it ' s, I think it 's a, uh.
4
Pl66
, [background noises]
DM: Uh, I think you can, there' s something that can be just written up that if they have to get
in there ...
CS: Yeah.
DM: there's no expense to the, to them.
CS: To the city.
DM: Right.
CS: To take it out and uh, they don't have to put anything back up.
DM: And as long as we put it up where you can make it . ..
CS: Huh?
DM: . .. removable?
CS: Well.
DM: That' s the best way to do it.
CS: Like any fence that' ll be six feet or something like there's gonna be posts.
DM: Right. Then we're gonna.
CS: Yeah, the section, you remove it that's ...
DM: Yeah, make it uh.
CS: ... six foot high, eight foot wide sections.
DM: Right.
CS: The only thing that I would pay for is the posts in the floor which is no big deal. You
know, for some [UI] back. I didn' t, to that, there is a lot of things they don' t tell you
[UI] easy like that. You have to know somebody who knows somebody to get ' em to
talk to you.
DM: Get, make it, yeah, yeah.
5
Pl67
CS: Uhm, that is what's gonna make.
DM: Ben and I, Ben and I are supposed to have lunch this week because we're going to Vegas
in uh, May, the end of, the end of May. Well, the 20th of May.
CS: Uh-huh.
DM: For the redevelopment of downtown. So him and I, it's gonna qe f?e and him, Lee
Peerman, and uh. But they're, we can' t be together. Peennan and uh, and Dennis from
the CRA. So it's gonna be those two and him and I.
CS: He' s, he's on the, on the shitlist now?
DM: No, no, no.
CS: Oh.
DM: No, Dennis and, I mean Dennis and Lee Peennan are gonna go meet with some people,
and me and Ben are gonna go meet with some people. Because the two commissioners
can't be talking at the same time.
CS: Wow.
DM: It's against the law.
CS: Oh, okay.
DM: So, Ben and I are gonna go have lunch, and just, you know, decide how, what we're
gonna do, how we're gonna, you know, go out there and make up, take up time.
[background noises]
DM: So when I. ..
CS: May?
DM: . . . when, when I get with him for lunch ...
CS: But.
DM: I'll, I'll try to have all this stuff done right away so I can sit while we're having lunch and
show him this, too.
6
P168
CS: In May? When in May?
----------------------------------------------------------------------------------------------------------------------
1:38pm
CS: And the [UI]. I'll have to [UI] about 4800 bucks saved up now.
DM: Good for you.
CS: So.
[background noises]
CS: 'Cause I went out and paid fuckin' $2500 lien off the bat. Fuck.
DM: What is it up to right now?
CS: Twenty-four or something like that. I'm thinking, I'm thinking if we can get like, how
he got that another $24,000 one that they ...
DM: Yeah, but [UI].
CS: they can easily say, hey, pay nothing, just pay the administrative fees. It's 225, 250
bucks. I'm thinking if we can get her, if you, if you can get her to go, 'cause it's gonna
be kinda hard fUI] go back again, but. If we can get her to fuckin' say, or fuckin'
administrative fees are not gonna change, I'm gonna have to pay that, I know that.
DM: Right.
CS: Some, I'm budgeting for that. rm thinking if we can get her to come down like $400 or
something like that .. .
DM: Iknow.
CS: it ' s still a big, big, big difference. I mean that's uh, ultimately that's a $1600 savings.
DM: Right-right.
CS: You know what I mean? It puts it, it's like, it's almost like it's costing me nothing.
You know what I mean?
7
P169
DM: Right-right.
CS: So. I mean it's, it's still like, it's still like me paying less than half because, I'm
thinking, what, four, 650, and all the other little [UI] there. And even like, you know.
[background noises]
CS: Even if I give you uh, even ifl give you a $1,000, it seems like it's no money. A $1,000
sounds like nothing, you know? That ...
DM: Right-right.
CS: will help both of us out.
UF: You guys doing okay?
CS: Uh, more iced tea please.
DM: [OV] Yeah, another iced tea when you, when you get a chance.
UF: Okay.
DM: [laughs]
CS: It h-, it helps both of us out, 'cause once you get on your feet. ..
DM: Yeah.
CS: things are flowing. And then all it takes is like it's head start. Like if one of these
assholes come up with some money, and like what everybody's promising.
DM: Right.
CS: I know once it gets going, we're fine.
DM: He's coming, he's coming next week.
CS: But if, I mean. As long---
DM: It can't wait.
CS: No, and once I get that uh, liens and everything out of the way, in four to six weeks I'm
supposed to be getting funding.
8
P170
_ PM: . That's right, that's right.
CS: Say if I get that money, I mean even if we need a little pull out, we could probably make a
different deal or something in the bar.
DM: Absolutely.
CS: We may not need anybody else. Like somebody'll say, hey, you know, gimme, gimme . ..
9
P171
-Exhibit 17-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
May 7, 2012 ~ 7
I 0:37am; 10:45 am
audio/video
CS : Lutchman "Chris" Singh
DM: David McClean
BZ: Ben Ziskal
[UI]
[PH]
[SC]
[OV]
Unintelligible
Phonetic
Overlapping Voices
OM: Alright, so listen, we get the um, this done today. 'Then we'll put the sign up. you have to print that sign up 1 think
right away.
CS: I'll print the sign today and ir has to be up today for sure,l know that.
OM: Ok we gotta get that up.
CS: [UI] our next meeting.
OM Ok um, then uh, we'll apply for the, the uh fencr.
CS: We can apply for the fence [UI[ today once Ben says that it's good. we can apply today. But let me this, do we apply
for the fence, but the uh, all he needed was to see this survey to get us on the next merting. Because that's all they
wanted to see. That's the last piece of ...
DM: That were, to bring us up to where we need to be.
CS: Ok and where, we don't need nothing else?
OM: No I told them to print out what we need to write on thr sign.
CS: Well yeah, he's gonna print what we need on thr sign. The lien has nothing to do with the, the ltcensr.
OM: No. whrn I go to City Hall I' m going to ask if Carlrne can do this, I don't know if shr can To give me a couple letters
that people have written beforr ....
CS: Right.
Pl72
DM: requesting a uh, you know. And then we'll go from that. Make up our own.
CS: Yeah.
DM: And then we'll submit that to the City landlord, or the City landlord, the City Manager and let her make the decision.
Take her a couple days to find out. And then in the mean time, then we need to start filling those paperwork for
the uh, for the urn, CRA.
CS: For the urn?
DM: The grant. The two grants.
CS: Mmhmm. Yeah we need the grants.
DM: Is that contractor, is your contractor, is he capable of drawing up to make it look like the other building?
CS: Yeah. Oh yeah.
DM: I wish we could get a hold of those owners. Tell them that we're going to reseal our parking lot, they should get
there's done at the same time. That you're remodeling your place to look like theirs. It would only benefit
everybody.
CS: I don't know who the owners is.
DM: Weill can, I mean I can have uh, the City find out.
CS: But as far as like with all this bull shit going on with lee. Is lee one of the person that has to vote for us?
DM: Yeah, but there's not a problem. She won't vote because of me, she'll vote what's right. She will, you ain't got a
problem, really.
CS: She's the only one that we have to worry about?
DM: You won't have a problem. As long as you got everything, we got everything up to code, we're not doing anything,
their not doing anything special. And you're doing just like they did at Geno's. So you're classified in the right
classification, that's all their doing. That's all their doing.
CS: Those trees make over here look nice. And [UI] , you said you need to see the trees takes away from that.
10:45 pm
2
Pl73
CS: Yeah, MetroPCS is their corporate. Yeah. The only iffy, iffy, iffy thing I always feel about is freaking uh Lee, [UI] if
she tries to be stupid.
OM: No don't worry. she won't.
CS: [UI]
OM: No, no she'll, if Ben says everything all the, everything's done right, and she'll listen to Ben.
CS: Oh ok.. But then again, it was, it's majority anyways right?
OM: Yeah, yeah. We ain't got a problem.
CS: Cause joe.
OM: It's )oe,l can't vote cause it, cause I'm there.
CS: Cause you're a tenant.
OM: So I heed Joe, Pam, and uh Tale rico.
CS: And they ...
OM: Yeah, we ain't got no problem. We ain't got no problem. And if we did, then we have a lawsuit.
CS: Yeah.
OM: Cause you're doing the same thing uh, Geno's Tint did. Just trying to get you classified correctly.
[CS and OM leave separately for City Hall]
[OM and CS enter City Hall together 10:53 pm]
OM: Good morning.
UF1: Good Morning. Yes sir, are you here with him?
OM: Yes.
CS: Yes I am thank you for asking.
3
Pl74
OM: You said we need copies right?
CS: Yeah, well yeah.
OM: Alright we got to, we got to pay for them. There 5, what 5 cents apiece?
UF1: There, yes 5, uh Carlene copies?
CS: Uh, it don't matter.
UF1: Are they 10 cents apiece? 15 double-sided?
UF2: (lA)
UF1: I'm sorry?
UF2: 15 cents single-sided, 20 cents double-sided.
UF1: Ok, 15 cents ..
CS: Yeah, I heard her. We need them anyways. How many copies do I need, do you know?
OM: I don' t know. Carlene, how many copies we need for urn, what are we, what are we going for?
CS: Urn, Commission, Commission meeting and um ..
UF2: You need 11 copies.
OM: 11 copies.
CS: Might as well do them here cause it's a big page. One original. 10 copies right?
UF2: Right.
CS: And then for permits, building department. Do you know how much I need? Well, I could always get copies over
there for that one.
UF2: Yeah.
[UF1 has conversation on the telcphone]DM: Carlene, can you make those copies for him? Please?
4
P1 75
, .
UF2: Sure.
CS: I can just pay cash, right?
UF2: Yeah.
CS: Ok.
UF1: I know, I know Robert was going back to see you.
OM: Yeah, that was it.
UF1: But you said that he, you didn't see him again the second time.
OM: No, I didn't see him again.
UF1: Ok.
OM: Can you set me up on this computer?
UF1: Do you know ifl described what he looked like? Would that help?
OM: Oh these two people? No, that's them, I can tell now.
[DM and UF1 have (lA) conversation]
DM: I have to do this myself, you can't do it right?
UF1: No, I'm not supposed to.
DM: Ok
UF1: But they didn't register to um, speak.
DM: They told me they registered.
UF1: Well they, they had registered prior. So they wouldn' t have registered right (lA). Yeah, yeah I'm making it.
CS: Alright. This is the final thing we needed for the City Commission meeting.
5
Pl 76
Uf2: For your sit down?
CS: Yeah. (UI)
Uf2: Three dollars.
CS: I was gonna say that's 20 copies, right?
UFZ: Yeah. And you're submining today?
CS: Um I believe we are, yeah, I just got to meet with Vanderfoot(PH). Just make sure everything is what he needs.
UFZ: Ok. Today is the seventh.
CS: Yeah.
UF2: Here's your receipt.
CS: Can you staple that on there for me please? Perfect.
OM: There's got to be a form we can fill out. This is ridiculous.
UF1: Alright. let me go get one.
[UF1 makes phone call in background]
OM: Alright figure this out, cause I got to get upstairs before Ben leaves. And then I'll be back. Figure it out for me.
And do I have a form or just a letter?
UF1: Just a letter.
OM: Ok. Alrighty. Thank you very much Carlene.
UF1: You're welcome.
CS: Carlene, thank you.
UF1: You're welcome. You just dropped a sticky.
CS: [laughing] I'm gonna sell it to him watch.
[CS and OM exit office]
6
P177
OM: So you got all those copies now right?
CS: Yeah, I got the 10 ten copies and the 1 original.
OM: What'd they charge you?
CS: Three bucks. And if you do the math it probably cost more not to get it done.
OM: What'sthat?
CS: I said usually, it actually costs more to make these copies, cause of the machine and the time.
OM: Yeah,yeah.
CS: The staff, the ink. if it was just ink. yeah it's cheaper but ..
OM: How you doing Bill? What's going on buddy? You have a good weekend?
UM1: Yeah, weekends are always fun.
CS: It was hot yesterday. huh?
UM1: Yeah, it got backup there again, 87.
OM: Yeah, Summers here.
UM1: Yeah, here we go.
OM: Come on, this elevators the slowest.
CS: I know what this is worth to me, what's this worth to you?
OM: Oh. A lot.
CS: [laughing] You just dropped it. Carlene saw it.
OM: Those arc the people uh, those are the people um in the building where the mattress place is to the right.
CS: Uh-huh.
7
P1 78
OM: The wantto put a big antenna up on the back of their building.
CS: Yeah.
OM: Well the car wash already got the ok to do it. And so, they want to put another one. So they came to me and
they're lobbyists. So they came to me. well the new law, I have to log in saying I spoke with them. So all my, I just
have to log it in and say, they asked me what I thought, I said I'm open to listening. And I have to put that, I have to
list that.
CS: On where, in where, the mattress store?
OM: Yeah that big 3 story building.
CS: (UI) next to us, yeah. Well they getting. they getting good rent for antennas now aren't they?
OM: Yeah. Hit that, hit that switch. Have you been up to my office or no?
CS: No. I didn't know it was up here.
OM: Yeah, this is where I hide out. It's a mess.
CS: Oh, look at that. Lookar boo-woo woo. You spilling coffee too huh? We all spilling damn coffee. I' m going
to set this right here, alright.
OM: Let's call Ben.
(OM makes a call to Ben LNU to come to his office]
CS: Make room for him.
OM: So we got that.
CS: This is mine.
OM: That's yours. I got to get in here and dean this place.
CS: You got a nice office.
OM: It's nice, right?
CS: I like the picture.
8
Pl79
OM: Yeah those are all gifts from everybody. This was Jack. this was my friend that passed away. Remember him
coming ...
CS: Jack Burgy (PH)?
OM: No, jack Tobin. Remember him coming to the bar when I first got it?
[Ben walks into the room]
OM: HeyBcn.
BZ: Morning.
CS: Ben, good morning.
BZ: Hey, how you doing?
OM: See up there?
CS: Hedied?
OM: Yeah, you remember him?
CS: Now I remember him.
OM: Yeah it's been, it's been a year. What's up Ben?
BZ: What's going on?
CS: Take a seat. Which one do you want?
OM: So I think, I think we're all set Ben.
BZ: Ok
OM: I mean he's all set. I shouldn't say we.
CS: 11 copies and 1 original.
9
P1 80
BZ: Ok.
OM: And this is just to get him classified like Gino's Tint, correct?
BZ: Exact same thing.
OM: So he's up to code on everything, so he's good to come before you.
BZ: Mmhmm.
OM: Now in the meantime he's still trying to get this fence in the back.
BZ.: Ok.
OM: That has nothing to do with this?
BZ: No.
DM: Ok, ok. So we're going to do that and then he's got some uh, what do you got?
CS: Prior to, I guess this is what started it. Here's the fines, there was fines and liens placed because of operating
outside of the classification.
BZ: Ok.
CS: Obviously with, without knowledge.
BZ: Ok.
CS: And then came the compliance until, up until now. So once we get this reclassified then we can continue working
as we were in the past. So . ..
OM: And, and Ben, there should be no problem?
BZ: Hm? I mean it' s, it's a decision made by the Commission.
DM: I mean it's just to reclassify it, correct?
BZ: Mmhmm.
10
PIS I
' OM: Now anything, you're just geuing everybody in line that's already here.
BZ: Right. And that's, that's exactly part of ..
OM: The cleanup.
BZ: the presentation would be made. Is it your doing exactly what you've been doing, your not actually asking to do
anything different than you've been doing for all these years. And it's just a classification you know from the, from
the State and the way our code reads is that you just need to get that additional classification.
CS: Cause I, I do have urn, Broward County and the State of Florida as auto repair.
BZ: Mmhmm. So you just need it in the city. And you just need to be approved.
CS: And it was basically a mis-, a misinterpretation on my part.
OM: Ok so now .. ,
BZ: Ah yeah it's a misinterpretation on the way that the state actually classifies auto repair.
CS: Alright, well most, I would say mostly on my part because I was under the assumption that when it says unclassified.
BZ: Right.
CS: just been doing the same thing over, over, and over. I never, ! never thought it was an issue.
OM: So now, before, he's got a urn, with those, with those fines now, are those fines because you weren't in the right
classification?
CS: Yes. Most of them.
BZ: Ok. I'll look into that I don't know what fines are, we'll look into that.
OM: Ok because what we're going, what he's going to do is he's going to write a letter to the City Manager and see if he can
have some of those reduced because of.
BZ: Ok.
OM: Bur if you look at it, just find out if we're, we' re doing this the right way. I don't want him to bring that up.
11
P182
BZ: Right.
DM: And then it becomes . .
BZ: Well I would get the approval first and then deal with that afterwards. Don't even bring it up.
DM: Exactly.
BZ: Get the approval, then handle the fines afterwards.
CS: Ok, ok. Cause that way it shows that I came to compliance. Alright.
BZ: Yeah, let's just do step 1 then you know you're in compliance, everything's good, everything's legit, then we tackle the
fines and, and (UI).
DM: Now this here is what? This is the uh . ..
CS: Oh no, this is my receipt and this is all the application for the fence.
DM: Ok, now for the fence. Now what, what's your thought on this? To get, to move that fence out closer.
BZ: I have no problem as long as it's on the property. You can't go, he can't go outside his property.
DM: And if he does what happens? I mean what, what can we do so he can? We' ve done it before where ...
BZ: Not outside his property.
DM: like on the, on the easement.
BZ: There's a difference between an easement and his property li ne. An easement means it's still your property, but
there's utilities underneath it. We allow that to happen all the time.
DM: Ok.
BZ: And that basically just says there may be water lines or sewer lines, if we need to fix it we're going to knock your fence
down and fix it.. cause that's what we gona do.
CS: And if you have to pay for it yourself.
DM: Right, right, then it's your responsibility.
12
P183
BZ: We'll allow that happen all the time.
DM: It's your responsibility. That's exactly what, what he wants to do.
CS: No.
BZ: If it's an easement. But it's not an easement.
CS: But it's not, he (UI).
BZ: He can't go outside his property line. That's just, that's just a property right.
DM: Oh.
CS: That's what I was saying, where the line is, is property.
BZ: He has to stay on his property, we can't let him build on somebody else's property.
(DM takes a phone call}
CS: That there is property line, that's not easement, this is not easement.
BZ: You just build, you got to build it on your property line. You can't ever let anybody build on somebody else's
property.
DM: Ok so your property line brings you ..
CS: Is where we were looking.
DM: Does that, it gives you the two foot?
CS: No, the property line is where we were looking at, remember? The line where I said, that, that's the line.
DM: Ok. so then how many more, how many feets going to be on, on the other side now?
CS: Where? Out here?
DM: Yeah.
CS: That's over 14 feet.
13
P184
OM: No, on the swafe. If you put the fence where they want you to put it, on your property fine, how much from the
road to fence is there going to be?
CS: About, about 14, well about 12 feet.
OM: 12 feet? No, it's going to be from the center of the road.
CS: From the center is 20, right? How wide is that road?
BZ: It's {UI) 25.
OM: So wait that, that, this is the fence going across your property line?
CS: Yes.
OM: To the back of your ...
CS: Yeah, remember where ...
1
OM: Where the water meter is?
CS: Yes.
OM: Ok, so rha(s where it's gonna go?
CS: Yeah.
OM: And we wan!, you want, you were asking to go 2 feet this way?
CS: Right.
OM: Isn't there a uh ...
BZ: You can't build on somebody else's property.
OM: But whose property is that?_
BZ: It's going to be the city's, but he can't build a fence and enclose public property on to his, he can't enclose public
property on to his land. Plus if that's a dedicated roadway, it's got to stay a roadway.
14
PISS
CS: The road, the road is here.
BZ: If he puts the fence on public property and enclosing it as his own property, you can)t do
that.
DM: So there's no way we can even get a variance to move the fence out to the edge? Or not
even to the edge, just 2 feet.
BZ: It, it's got to stay on his property. No he can't, we can't allow him to take public land
and enclose it
DM: Hm. We've never done it anywhere else?
BZ: Uh-huh. Well the, what would have to happen, ifs way more, it won't happen in this
case, they would have to abandon that road and that ...
DM: That whole road?
BZ: Yeah. That's how you would do it. Is you have to abandon the road and then center
line towards him would be his, center line towards the other would be ...
DM: Ah.
CS: Ah, no we don't want to do that. We definitely don't want to do that.
DM: Well that sucks.
BZ: And then it becomes private property. So since it's a public road, you got to stay in the
property line.
CS: I wouldn't, I wouldn't want to do that either anyways. I like, that's a bigger
responsibility.
DM: No I, I understand what you're saying, I just thought, I just thought what the big deal was.
Alright.
BZ: Easements a different thing. The easement we can always deal with. That's just ok, if
we need to work on the stuff we just take the fence down.
DM: So you're, are you going to your easement or right to the line?
CS: Right to the line.
15
Pl86
BZ: To the property line.
CS: Right to the property line. Right, ok, we're going right to the property, because there's
so much space.
BZ: Yeah, we could do that.
OM: So you can go right to the line?
CS: Right to the line. We can actually, from what my previous discussions are, I guess we're
going on the line and then we'll just do green inside. Whatever this area is here, we'll
just do green inside. Now question for you, can we plant greenery outside here?
DM: On the other side of that fence?
CS: Not enclosing it, just . ..
BZ: Yeah.
CS: Put shrubs, and basically beautify it.
DM: On the other side.
BZ: Mmhmm.
DM: Even though it's not his property?
BZ: It's just like a swale. You can do stuff in a swale if you maintain it.
DM: Ok.
CS: We can plant and maintain. And uh, are we going to be able to u-, utilize that as parking,
off road parking?
BZ: The grass?
DM: Yeah,righthere.
BZ: Yeah, you can use that. We allow that now. You can park in a swale, you can ...
DM: As long as there's no curb?
16
P187
BZ: Mmhmm, exactly.
CS: So we can put stumps, put some shrubs in front of each stump and have parking.
DM: Alright so then we know, then we know that. So then you can have your guy go ahead
and start, he can submit that right?
BZ: Mmhrnm.
DM: There's no . . .
CS: And there won' t be no interference in between each other?
BZ: Uhuh.
DM: Alright so ...
BZ: And actually that'd be good. Because then when you go to this hearing you can tell them
you already submitted a permit. So, cause there's going to be others, you know they'll
say that you need to do this, that, and the other. You say, look I've already submitted a
permit for this fence, we got the code violations all cJeaned up . . .
CS: And the dumpster enclosure is going to be part of that fence.
DM: (UI) cars will be right in there.
BZ: We're already good with the State, the county. We're already in for permits.
CS: And do, do you know of anything with the, the city requiring any special type of
enclosures. Because they, we were discussing with uh, Andrew, about having a cut out
in the fence. You know, 6 by 6 opening.
DM: And then put gates in front of it.
CS: And then have ...
BZ: As long as it gate, as long as it's, as long as you can't see through it and there' s gates.
CS: Oh good.
BZ: That's all we require.
17
P188
CS: And while I have you here, last, last thing for you actually is, I was looking at Home
Depot and Lowe's over the weekend (UI). They got this section fence and there is wood
and wood, and then a shadow box. What is the preference?
BZ: Either one. There's three kinds that you can put in ...
CS: Oh ok, oh.
' BZ: There's three kinds. You can either put what's called a stockade, which is where the
boards go right next to each other all the way down.
CS: Yeah.
BZ: You can do what you're talking about, which is called board on board where they overlap.
Or you can do a shadowbox. Those are the 3 approved .. .
CS: Oh, they are approved.
BZ: Those are the 3 kinds that are approved in the state of Florida.
CS: Ok.
BZ: So you can do one of those 3 kinds.
CS: And then for the whatever details or requirements, I just go down to building department
and ask them what, you know what they need from Home Depot, Lowe's, whatever.
Cause I know sometimes they need uh, certification.
BZ: When, when you go in there's someone . ..
CS: They'll tell me that.
BZ: Yeah there's a, there's actually a handout that's standard. It will tell you that you need to
do your 4 by 4' s every 4 feet. It used to be 8 feet, but no": it's every 4 feet. And you
need a 4 by 4 post. And you gotta have, you know all the, the structural part of it. But
it, it's a standard from the building.
CS: Ohok.
BZ: And the ones at Lowe's and Home Depot should be built right to that spec.
CS: It is, yeah.
18
P189
BZ: So it's just put it in and, and go.
CS: Oh ok.
BZ: So, ok, to get on this for this hearing here, you'll need to put a sign in the front.
CS: Today.
DM: Today?
BZ: Yeah.
DM: Can we get on the next meeting?
BZ: Yeah, if you get it done today.
DM: Yeah.
BZ: The next meeting's next Wednesday.
CS: What's the deadline today?
BZ: It will actually, it will actually need to be up, the sign will need to be up by um the end of
business tomorrow.
CS: Oh ok.
BZ: Or Wednesday, Wednesday, it will actually be Wednesday. Seven days. But I'll need
to get this on the agenda tomorrow so I need to make sure ...
CS: Yeah.
DM: (UI)
CS: It's up, if s up now, it's going to be up today. I make it myself so it will be up today.
BZ: Alright, you got the language?
CS: I'll take it from you.
BZ: Of everything it needs to say. And then you need to, you need to a $150 bond.
CS: Did that already.
19
Pl90
BZ: You already did that?
CS: Yes sir.
BZ: Ok. The clerk's office has the check and everything?
CS: Yes, I have the receipts here.
BZ: Ok.
CS: Here.
BZ: And this is .. .
CS: Carlene.
BZ: And I'll just give you this stuff.
DM: What's the clerk? 326?
BZ: Which clerk do you want? (UI)?
DM: What, what's Carlene?
BZ: 328.
[DM makes phone call in the background]
CS: Just, just that, nothing else?
BZ: Right, that's what you need to send.
CS: And the high, the high, the highlighted stuff is (UI)?
BZ: (IA)
CS: Oh ok.
BZ: This describes how tall it needs to be and everything.
CS: Ok.
BZ: And (UI).
20
Pl91
CS: Oh alright.
DM: Yeah, he's paid.
BZ: Ok.
DM: What do you need, a pen?
CS: No, no he just, the last piece of trash. So .. .
BZ: Just follow that.
CS: Follow that.
BZ: See where it says, look, see it says the stuff in the bold needs (UI).
CS: Oh (UI), ok.
BZ: Ok. So all that needs to be 5 feet from the property line. This tens you everything.
This is the part that Andrew filled out. See right here, display the following message.
That is what Andrew put in, on that other sheet. And it just says use black ]etters . ..
CS: Right.
BZ: Position category, the date information must be, 6 inch letters. So everything on the, that
he put in bold, put it in 6 inch letters. Use that exact wordage. The things that are in
bold are 6 inches, that's it.
CS: Ok.
DM: So that takes care of that.
CS: So this is this, this is the whole section here by itself. This is 11 copies. I have to take a
picture of this.
BZ: So we need, I need the service.
CS: Oh, ohjust give it to you one time. Alright that's better.
BZ: Take that to the building department put the sign up. Call me when it' s done so I can
send Andrew over there to take pictures so we know where it' s located.
CS: Oh, I don't take the picture, you just send him?
21
PJ92
DM: Yeah.
CS: Ok well ...
BZ: Just give me a call.
CS: I'll give you a call today.
DM: Here, here's your receipt. Alright so do that today as soon as you go back.
CS: Mmhmm.
DM: And then uh decide where, because that's a cement parking lot, where can we put it?
That sign to make it legal. One of the parking spots?
BZ: That's fine. It needs to be 5 feet back from the property line. So just put it up there, as
long as it's facing 441 somewhere up front.
DM: Where the orange van was.
CS: Urn, I was going to ask this. Can we put it on a vehicle?
DM: No.
BZ: No.
CS: Ok so we have to figure out a way to stake it.
DM: On those two posts that we got.
CS: Yeah. Yeah and then I'll just put a brace behind it so we use one spot. And that's it.
DM: Alright, so that' s good. Urn, and then.uh, we got together sometime when you wanna
before the end of the week. What's your schedule like all week?
BZ: Pretty much wide open I think. So ...
DM: Alrigh4 lunch time ...
BZ: I can, I can run down and check my calendar if you want real quick.
OM: Yeah.
22
P193
' BZ:
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
CS:
DM:
And see what I've got.
And urn, something else we were supposed to do today. Oh sorry.
I'll meet you back over at the shop.
Ok.
Ok I'm going, just gonna go see jt,
Are we going to do the CRA thing too, something with the CRA?
Yeah, yeah, we'll do that after we get this.
After this, ok so I'll meet you at the shop.
Exactly.
Bud, thank you.
Thanks Mo. See you in a few minutes.
23
Pl94
-Exhibit 18-
Date ofRecording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
May 16,2012
8:22pm
audio/video
CS: Lutchman "Chris"
Singh
DM: David McLean
JV: Joe Varsa1lone
BZ: Ben Ziskal
PD: Pam Donovan
R: ReddyLNU
RA: Rich Alianello
RP: Rich Popovic
[PH]
[SC]
[OV]
[UI] Unintelligible
Phonetic
Overlapping Voices
(In progress of Margate Commission meeting)
PD: lJm, anybody that's going to speak on this item please stand and be sworn.
UF I : Please raise your right hand. Do you solemnly swear [UI] to the testimony you are about
to give is the truth, the whole truth, and nothing but the truth.
All: Always. Y cs.
JV: Thank you roam. Ben Ziskal, Director of Economic Development. ..
BZ: Yes, this petition uh, before you uh did appear before the Development Review Committee
on September 2nd, 2010. Uh, since that time the applicant has made some improvements
to the property and urn, corrected some CQde violations that were on the property and is
now ready to proceed for your consideration. At the Development Review Committee
there were eight urn conditions that the committee noticed that would be brought to your
attention for consideration. First is that no boat storage or other personal storage will be
permitted on the site. Second, that the existing dumpster should be relocated to an
approved dumpster urn, enclosure. Third, there is deficient landscaping adjacent to State
Road 7 would need to be corrected. Fourth, urn, all mechanical repair work should be
performed on vehicles shall take place inside the building, not in the parking lot. Fifth,
that the applicant shall apply for appropriate county licenses, such as hazardous materials.
Sixth, he would need to submit a floor plan to the building department for a change of
occupancy uh, improvements including but not limited to fire wall separation, ventilation,
P l95
and other engineering issues. Seventh, that the urn, building must be modified to contain
any fluids associated with auto repair. And eighth that urn, there is an outstanding water
meter issue with the engineering and environmental services that would need to be
corrected.
PD: What does that mean?
BZ: He had, I'll let Reddy, uh, answer that.
R: Madame Mayor this, this business is sharing meter with the uh, uh additional businesses on
the same building. Recently we passed an ordinance allowing the property owner to
maintain a master meter if, if the owner takes some responsibility for paying the bill. And
the, the new ordinance allows him to maintain it right now, but initially when this it<m1 was
on the agenda at DRC that ordinance was not in place. So . ..
PD: So he is in compliance for that?
R: As long as he meets all the requirements for that, the ordinance.
PD: My question is, there's no parking in that place. None. Where are they going to put cars
and, we don' t have to add parking?
BZ: Not, well we would not have to add parking for the customers if he's going to store, uh
vehicles on site he would need to, to do that one vehicle at a time. Ifthere is not sufficient
vehicle, he cannot store the vehicles outside on t.hat property.
PD: Is there parking in back of that place?
BZ: There are a couple spaces ' in the rear. Yes mam.
PD: I, I just don't see a car repair place there.
BZ: Well this is very similar to the, the applicant that was before you with Gino's Tint. That
because of the state law of what defines auto repair, [UI] .. .
PD: But if he has a garage, he had garage. This is a store front. Are we, am I mistaken here?
This is a store front.
DM: Same with Gino's.
PD: In the back?
DM: Yeah.
PD: Oh it is?
2
Pl96
DM: Yeah.
PD: Qh ok. I never went in the back, so I didn't know, but it is a garage?
BZ: There is a garage door.
PD: Ok. I got it.
JV: And ifl'm not mistaken, does it not impact that back area and areas that [UI], auto repair
with a whole strip of that runway, that roadway?
BZ: If what you're referring to is, is directly behind this property, the next property is auto
repair. So for compatibility certainly there's auto repair ...
JV: But [UI] is auto repairs, etc, etc. So, here you got, it's been used as auto repair? Am I
correct?
BZ: You are correct. They are compatible and ...
JV: And that, last question I have. Listed some requirements, sometimes I don't hear. But
was the individual be responsible for this property? Will he comply with all that which
you stated must be done?
BZ: Yes, at the Development Review Committee he stated he was willing to do that. I would
certainly recommend that he .. ..
JV: Hehas?
BZ: under oath make that same statement before you for your consideration.
JV: Thank you.
UFl: Commissioner Peerman.
LP: Yeah, I'm going to go back to, to the, to the parking uh question of when, when the repairs
are done or people leave their cars, where are those cars gonna get parked? Are they
gonna be parked in the front? Or are they gonna be parked in the back? Or do they have
a game plan for that?
BZ: I would defer to the petitioner.
PD: But we don't have to ask or does this, just to Development Review?
3
PJ97
BZ: We have calculated he does have enough parking spaces. The indication is that they
would be in the rear of the, of the facility. Not in to, to not be up front with the customer
parking. The customer parking will be in front and the spaces provided in the rear would
be where the vehicles would be stored and waiting repair.
LP: Would be stored and awaiting, ok. That, that was my question.
PD: Anything else?
RA: Rich Alianello, 7631 NW 23rd Street. Uh this uh, Gino's uh repair?
BZ: No incorrect, this, this is Autotronics.
RA Where are they at?
BZ: They are 246 South State Road 7.
CS: North.
BZ: North State Road 7. 246 North State Road 7.
RA: This is not Gino
1
s property then?
BZ: No sir.
PD: No, we did him last month.
RA: Ok, so ...
BZ: This is Autotronics, he puts in car accessories. It, it's very similar, I was just mentioning
that it's very similar to Gino's Tint. And Gino does tint work, upholstery, and and other
accessory type of repair. The Florida Statute states that if you use a wrench, a
screwdriver, etc and you are working on a car with any tool, that is, that is considered auto
repair. This is not intended to be a body shop or a full blown oil change, buy tires that type
of auto repair. This is intended to install accessories on vehicles.
RA: Ok, this State Road 7, can you tell me where it is located at?
PD: Do you know where the Hess station?
RA: Where the uh, where Gino's ...
JV: Where the Hess station is on State Road 7 .. .
RA Yes.
4
Pl98
. ,
JV: Go in the back there where that place is, they sell mattresses.
RA: Ok
JV: Go in the back. It's located through the rear on that road, that [UI] driveway.
BZ: It' s between Atlantic Boulevard and the C-14 canal.
RA: Ok, I gotcha. Thank you.
LP: And you had said something about, it's for. Which is what, the way I read it, it was for
accessories and, and putting, but is there anything that says they can't do oil changes and .. .
BZ: No that is, no. If, if he is approved for auto repair, it is a blanket statement of auto repair.
PD: Ok, thanks Ben.
N : Where are you going? Don't talk, one word you I'll [UI].
DM: Come on.
JV: I'm talking with someone. I'm not bothering anyone.
RP: Tat' s an FBI agent, be careful. I meant to say that 6066 Winfield Boulevard that any
business that is in Margate willing to comply with anything you want should be
open-armed and welcomed and they should go out of their way to try to comply and make
them happy customers. It' s hard to get a job and work nowadays.
PD: Anybody else from the public? [UI] please come forward to the mike.
DM: State your name, for the record.
CS: Name is Lutchman Singh. Resident of Coconut Creek, property owner for commercial in
Margate.
PD: Now you own that property?
CS: Yes I do.
PD: And you own the Autotronics?
CS: Yes I do.
PD: Ok. For the record, does eight, well seven, there' s seven conditions cause the meters were
taken care of. Seven conditions that we read, do you comply and will you comply with all
5
Pl99
of them?
CS: Whatever has not been completed is in process urn, more than 50% of, again it's a lot of
engineering, drawings, surveys, and what not has been updated . ..
DM: But you' re willing to comply?
CS: ... on more than two occasions so . ..
JV: Question is, do you comply with all?
CS: Yes the answer is, this, I'm getting to that, yes whatever has not been done is being done.
PD: Uh, question, if he doesn't comply does he have a time limit ifhe doesn' t comply? Does it
get reversed? I mean can we take it back away from him? What is, how does that work?
BZ: There' s 180 days, it's 180 days from the approval that if it is not in compliance that it shall
be deemed null and void.
PD: Ok, there it is. Alright.
CS: That's, that's what, ifl may say, to stay in business for 15 years, nothing has changed.
Other than the license.
JV: Shut up. Shut up.
PD: Alright, thank you very much. Clerk [Ul].
UFl : Commissioner Varsallone?
JV: Yes.
UFl: Commissioner Peerman?
LP: Yes.
UFl: Commissioner Talerico?
FT: Aye.
UFI : Vice Mayor McClean?
DM: I will abstain. Uh, he's my landlord and I don't want it, I have an appearance of a
conflict..
6
P200
UF I : Mayor Donovan?
PD: Yes.
7
P20I
-Exhibit 19-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
May 6 ~ 2012
8:47pm; 8:49pm
audio/video
CS:
DM:
[UI]
[PH]
[SC]
LOV]
David McClean
Unintelligible
Phonetic
Overlapping Voices
[In middle of conversation between CS and DM]
CS: They want us, they, if, guys I'm going to give him some music.
OM: Hey I got no cash on me, you got. ..
CS: I got. I gotcba.
DM: What a fucking meeting huh?
CS: Dude, I gotcha. I owe you big fucking time. What are you talking about?
DM: No, no worries. No worries. But I, I can't believe how fucking nitpicking.
CS: And only one person picked it up and you said it. Fucking Pam.
DM: Pam, Peerman.
CS: Peerman. But Pam asks the question that she should've asked kind of.
DM: Right.
CS: You know what I mean, like ...
DM: Yeah.
CS: You know parking this and that, but she didn't push none of the issues. Ben, oh fuck ...
OM: He did good right?
-
P202
CS: I owe that mother fucker ...
DM: Yeah, he did good.
CS: I owe him to get drunk anytime he wants. [laughing]
-------------------------------------------------------------------------------------------------------------------8:
49pm
DM: I'm not hungry now.
CS: Oh.
DM: I can't eat with all, all my nerves.
CS: Who, who was the guy sitting next to me?
DM: Sitting next to you?
CS: (UI) sitting off to the left.
DM: I'm trying to think who it was. Was there two guys sitting next to you?
CS: The one who had the, the pen he kept writing. And he was right next to me, to the left of
me when I first sat down.
DM: Mustache?
CS: Yeah.
DM: He's running against me.
CS: Not the one who's talking. Sitting down.
DM: Yeah the guy with the mustache, he's running against me.
CS: Sitting next to me?
DM: Yeah. His wife, his wife is a Margate cop.
CS: He's the one that said, is it, is it you. I said, yeah. He goes you need to go up there and
talk. And I said ok that's why I sat to the end. But I mean, obviously all (UI).
2
P203
DM: Yeah.
CS: I mean, r mean I said the right thing right?
DM: No, you did fine.
CS: Same business, nothing changes.
DM: You know. Yeah we, we didn't want you to say too much.
CS: Right.
DM: (U1) .. that's why Joe's saying shut up.
CS: Yeah, yeah. Well I didn't, (UI) .. I wanted to tell them "yes." I didn't wanna lie and say
that I, I comply. Cause (VI) whatever is not done.
DM: (lA)
CS: Right. More (UI) completed.
DM: Right. And uh, and then the other guy brought up the water meter thing which that was
good.
CS: That to me it's perfect. Isn't it?
DM: Yeah. No it worked out good.
CS: That, by the way change.
DM: Mmhmm.
(CS takes telephone call] (music playing)
DM: Y cab did you see the one guy that gets up ...
CS: That's what I was going to ask you. Cause I don't know who was who.
DM: That's the guy. That's Popovich.
CS: Who is Popovich?
DM: The one that's spoken (UI).
3
P204
CS: Yeah, what is he?
DM: He's running for Commissioner. He's ran all the time. He always loses. But he gets up
there and he, he bashes us. Constantly bashes us.
CS: But I'm sure the public sees that.
DM: Oh yeah. But . ..
CS: That's why I was going to say, who is he because this guy just gets up ... [talking to
unknown male] yo, it gotta be that loud? Right, so we can hear each other you know what
I mean? So you can hear when I order another beer.
DM: Yeah [laughing]
CS: No, because he told (UI) be like, you know if a person is willing to comply {UI) it
should be. It made sense too.
DM: Right.
CS: (lA) .. can do business, let him do it. But I was, lin like ok this guy's on, in my favor.
Who .is he? I thought he was going to bang me.
DM: Metoo.
CS: You know why, because I think he's (UI). He knows as much as he knows. He knows
you, he knows me. I didn't know this. I, I don't know who he is but I know he knows who
lam.
DM: Right.
CS: That's why he's got to know lin a landlord. He doesn't like, I can tell he already doesn't
like any of the Commissioners.
DM: Well what do you call it, the one guy that gets up and talked about the robberies in, in
the neighborhoods. He just gets up cause he likes to talk on the microphone. He's a
fucking goof ball.
CS: I was going to say, he makes no sense.
DM: He gets up and he goes, where is it located? This is not Gino's? No, it's not Gino's. He just
likes to get on the microphone. So, I was dying. I was just waiting for Joe to say, it's
where the Tiki bar is. And I was going to fucking kill him.
4
P205
CS: Kill him. Kill him. [laughing]
DM: I was a nervous wreck. My stomach was turning.
CS: Oh my god.
DM: I was nervous.
CS: That's why I don't even want to look at you in the face ...
DM: I didn't even look.
CS: Because that's why I didn't even wanna look at you.
DM: Yeah.
CS: You notice 1 didn't even look at you or anything. But everybody else, these new building
officials, the one with the ponytail.
DM: Nice guy.
CS: I walked in, he goes .
DM: Yeah?
CS: Yeah.
DM: He's a good guy.
CS: All he said was good luck.
DM: Everyone you met. You shook hands with him and the City Manager.
CS: (UI)
DM: Yeah, yeah.
CS: Because I walked into (Ul) and he, and he moved his lips good luck.
CS: So I'm like, I smile. I felt like ok this is it because if one or two persons are favorable
towards it. And I'm not saying doing me a favor.
5
P206
CS: You know on your side.
DM: Yeah, that was before (Un.
CS: All you need is one person on your side. I, it got, it got a little shady in the end right?
DM: Yeah it did. What was with uh, Margatenews.net doing by us. Talking to you.
CS: That's what I wonder. Which one is Mitch? Who is Mitch?
DM: He wasn't there. Somebody said they seen you talking to him.
CS: Where?
DM: In our shopping center.
CS: I don't know who he is then.
DM: Yeah, he's got white hair. They said you were talking to him.
CS: When?
DM: Sometime during the week.
CS: Oh my god. I hope it wasn't.
DM: Well did he question you about me?
CS: Oh no, no, no.
DM: Did he question you about the sign?
CS: No.
DM: Any questions?
CS: No.
DM: He would've been sitting there. He would've said he was from Margatenews.net.
6
P207
CS: Well no, nobody, that's why I'm saying. Because I don't ever know who he is or what he
is. He, I told you he called me a few times. You know that. I told you, I put his number in
here. I'm going to show you. I save his number as this. Uhh, that's how I know not to
answer him anymore. (UI), see the thing is he can show his phone records that h'e called
me and he said something. Now I ignore him, so I can prove my phone shows no seconds.
And that's why, and I hope he does not. That's all I know of him.
DM: See I don't know what his number is.
CS: Uh, no one, guess it's a good thing to have it too. I saved it as Margatenews.net and I have
no history ofhim. But I don't know who he is. That's why I asked you. I thought the guy
next to me was Margate News.
DM: No, he wasn't there at all. He wasn't there tonight.
CS: That's why I asked you who's the guy next to me. Cause I was, I kept trying to see what
that guy writes. He was writing down every ....
DM: Oh no, you would know who he is. He'd get up to the microphone and run his mouth.
He's a real dick.
CS: And then when I was walking in, this guy, this Rich Popovich guy. He goes, hey how
you doing. He smiles and talk to me. Like he's been to the shop before or something.
DM: He's probably been up there. You probably see him jog. He jogs up and down (UI) 441 all
the time.
CS: I've never seen him jog or nothing.
DM: Oh he's always jog-, for years.
CS: I've nev-, maybe ...
DM: You probably know, he, you know him I think cause he used to come, probably come in
the shop when you were on uh, Bell Plaza.
CS: That's what I'm thinking. He's been, he knows me, I know him, there's some kind of (UI).
But I don't know who the hell he is. Cause when I was walking in he said, you know like
he nods to me, hey how you doing. And he wanted to shake hands. And I'm like, you
know what I'm not looking, talking, nothing to nobody because ...
DM: You don't know, right.
7
P208
CS: Yeah, I don't know anyone, and uh, and I'm, and I don't know anybody. The thing is I
walked in normal. But, I was so happy I saw the guy with the, I'm trying to think where
I, where I met him.
DM: Yeah.
CS: With the ponytail.
DM: Yeah that's where you met him. He was in a suit this time. He just you know ...
CS: And you know what? If you saw that guy in a tee shirt and jeans, you judged him like
some kind of...
CS: ... idiot in the street. And look what he ~ He wears a suit and then you respect him. The
same thing what people say with you or with me when they see us.
DM: Yeah, yeah.
CS: Like I said they wanna think, when you're outside of work you're, right now you're
not working.
[CS takes telephone call]
CS: Yeah and urn, uh I thought the other guy was there, I was going to give him some music. I
got all the music.
DM: You, you see Peerman how she runs her mouth like she's like, about everything. She's got
to talk on everything.
CS: Yeah. Well she talks on everything, but what I don't understand is just sitting, she goes
well "I think." It's that nobody cares what you think anymore. It's what the Commissioner
Peerman think. It's, that is her problem.
DM: Yeah.
CS: Because she wants to bash you as David McLean. Not as Commissioner McLean.
DM: She was, she was nice tonight.
CS: No she was ni-. I'm talking about in general in the past.
8
'
P209
f 1 I ;
DM: Oh yeah, yeah, yeah.
CS: Just think about it.
DM: Ohyeah.
CS: Because she doesn't know the difference.
DM: Everybody's sick of her up there. Believe me.
CS: No, but nobody knows the difference about her right now. She, she's always about what
her opinion is or what she thinks. Nobody cares what's your opinion. We care about
Commissioner Peerman's opinion. Nobody cares what David McLean does when he's
outside. We care about what Commissioner David McLean does. Are you here on
commission work? No. I'm here as a customer supporting your business, I'm not here for
(Ul). If you were here as a Commissioner saying, ''I'm City Commissioner, I want a free
beer," now you're doing something wrong.
DM: Right, right. No, absolutely.
CS: (UI). She always makes me think man. And then expect something back down on it.
DM: The Mayor's just sick of her. The Mayor's sick of her.
CS: I can, I, well you can't see her face. I can see her face.
DM: Joe, is Joe out of control or what? Is that embarrassing? He's out of control. And he's not
feeling good. He;s got agita (PH).
CS: There's no protocol for .... try that.
DM: I can't. My stomachs ...
CS: There's no, there's no, there's no protocol for uh .. that's spicy eh?
DM: Very good.
9
P210
-Exhibit 20-
Date of Recording: May 16,2012
Time of Recording: 10:16 pm
Type of Recording: audio/video
Participants:
Abbreviations:
CS:
DM:
UMI:
UM2:
(Ul]
[PH]
[SC]
[OV]
David McClean
first unidentified male
second unidentified male
Unintelligible
Phonetic
Overlapping Voices
CS: .. . say you know what? I owe it all to frigging you. [UI]
OM: Hey and you know what, it's going to be, ifs going to be better. It's gonna be better.
CS: No listen, he can' t believe.
DM: Wow! That is some good shit.
CS: 1 told, you see don't even taste it.
DM: How much is this bottle? 50?
CS: No that one is 40-somcthing dollars.
UMl: Dave!
DM: Yeah.
UMI: Here man.
l JM2: Dave's not here.
DM: That's on me? I mean that's on you?
UM I: No, yeah it s on me I guess. Yeah, ok ...
DM: Thank you.
P211
CS: See you gotta start doing these guys. They gotta start, they gotta start buying you beers
DM: I know I'm sick, I should be buying them beers.
CS: No, you not supposed them nothing. They supposed to buy you. But dude, let me tell
you something. Tonight was [UI]. You, you don't even know. How long, did you
hear what they said? 201 0?
DM: Yeah.
CS: This is 2012.
DM: Well we got it done. And thanks to Ben we were there to do it.
CS: Dude, it would not have happened, where's my drink? I think this is mine.
DM: [UI]
CS: If you didn't. ..
DM: Make it work together.
CS: Meet, meet, meeting you that day at fucking Crabby Jack's ...
DM: Iknow.
CS: And buying me the round of beer. That made it happen.
DM: And you know what? You know what really sucks?
CS: Ifl didn' t meet you, I'd never get this done.
DM: You know what really sucks? Is that we didn't get together then, I had fucking money.
CS: If we had gotten together then ....
DM: I had money then.
CS: We would've tom this whole fucking place up.
DM: Oh my god. We would have stairs.
2
P212
CS: Huh?
DM: Yes.
CS: Well that's the next move.
DM: You could.
CS: That's the next move. Setting up stairs.
DM: Hey, all we have to do is get a pennit for uh, fucking thing.
CS: Yeah, because you know what, we don't want upstairs for nothing public.
DM: Private.
CS: Private, yes. We want it for private. For storage and for office.
DM: And not only that, yeah exactly. And upgrade your fucking building.
CS: We do for private, like my personal office and my storage. But then we have the bar
spiraling going upstairs .. .
DM: You know and then when, when they, when they go build that big mansard, we build .. ..
CS: Yeah, because you know what?
DM: two cubby holes for storage, for now. And I bet you we could do that.
CS: You're telling that.
DM: For our storage.
CS: Yeah, but no that's what it is. But the bottom line is what I'm saying, if we could have it
where we split it in two. When you go upstairs from the bar you take the furthest, the
furthest corner right, I take the furthest, this is where you're right. My office, this whole
thing can be showroom. Office and warehouses up there. Fucking a whole . ..
DM: I don' t, I don' t know if you'd have to reinforce the roof, but that's [Ul].
CS: No we don' t, you saw the beams up there. It' s solid.
DM: Right, right.
3
P213
CS: And it's, when they make that roof, like with ....
DM: Well this is iron, these are iron beams.
CS: There iron beams.
DM: Yeah.
CS: Now when I came, it was a really [UI]. I wanted to yell and scream. Like yeah, yeah,
yeah, yeah.
DM: So listen, listen ...
CS: But you fucking did it, dawg.
DM: I'll, I'm glad we got it done for you, Chris. That's a, that's a weight off your back
buddy.
CS: Yeah.
DM: Weight off your back. Urn, well we gotta get rid of those fucking lights. We gotta, you
gotta ...
CS: Yeah those are ugly, I gotta [UI].
DM: [UI]
CS: You see if [UI]? I just don't know.
DM: Well tell the kids, let' s get on it. [UI]
CS: First thing we need to do is put them cameras working. That's what I have to do.
DM: Alright.
CS: But no you're right, you're right.
DM: The showroom looks good when people are sitting out here waiting, it's gotta look
inviting.
CS: Mmhmm.
DM: You got to. For the, hey you got a lot of stock in here, it looks good.
4
P214
CS: 1 always do. It's one thing 1 always do.
DM: This, this here I, I would, I would put a, a wrap around like a bow.
CS: A wrap. But hey again . . .
DM: Absolutely buddy, absolutely.
CS: Thank you.
DM: Well thank you for helping me.
CS: I owe you something.
DM: Jesus.
CS: No but I owe you, I owe you.
DM: We'll work it out, we'll work it out.
CS: No, I got a deal is a deaL One thing I don't do, one thing I don't do is I don't back off of
nothing.
DM: No, I know that.
CS: I told you, I told you ...
DM: I'm, I'm there for the run and I will never screw you Chris.
CS: Listen, we'll make it all happen, we'll get it done. I'm getting, first I got my license.
That, that's amazing. I'm gonna get my fence. cause ...
DM: Oh the fence, I can't, I can't wait to redo the, the plaza. It's gonna look so nice.
CS: I already, I already, I already see Ben on the ropes. I know we getting the fence.
DM: Mmhmm.
CS: And don't worry once you keep, just keep him on the good side. We got, tell him that
we'll take him out for drinks or whatever .. ..
DM: To be honest, to be honest, listen. When we go to do these urn, the fence up.
5
P215
CS: Yeah.
DM: We're gonna dig two holes. Wherever we're putting it legally and then we're gonna do
another one and just put it back down. Put the dirt back down.
CS: Ohhh.
DM: And once that you know, if you want to move two feet, once it's all done in the middle of
the night we, we fucking . . ..
CS: I see what you' re saying. We dig the hole, they come out .. .
DM: Cause we're gonna have the machine in here.
CS: They come and they approve it.
DM: Yep.
CS: Then we cover that one and dig the other hole
DM: Afterwards.
CS: And that's it?
DM: No, no we' ll dig the holes. They won' t even know it's dug. Cause that's all gonna be
tore up back there anyway, clean. It' s gonna look nice.
CS: But if we, I want to rent a machine that . ..
DM: Yeah we' re gonna do it. I'm gonna help ya.
CS: So if we dig this one hole here and he come and he goes yes, the foundations good and he
leaves. He' s gonna come and [UI] ...
DM: Oh no we gotta, we gotta do the posts first. They gotta inspect the posts being cemented
in. So once we dig that and, and cement it, when, when we dig this hole we're gonna
brrrrrmp (PH) and then one right over here brrrrrmp (PH). And then when we' re done,
we '11 go buy six posts or 10 posts at 30 bucks, cement those in ...
CS: [UI]
DM: .. . and cement them in at, at night. And by uh 5 o' clock in the morning we got them, or
6
P216
by the time we get here at 6:00am that fence will be moved. Cause you're, we're gonna
know where the screws are.
DM: They will never notice.
CS: Yeah and then we just cut the freaking poles off at the bottom, throw it away.
DM: They will never notice. Believe me that, that' s the plan.
CS: That wil1 work.
DM: That's the plan.
CS: That will work. Fuck yeah.
DM: And then, and then we put hedges up, they won' t know a fucking difference.
CS: And we gonna put hedges. But u.m .. .
DM: That'll be the deal.
CS: Done.
DM: So we still get the two foot in there. Oh yeah. Ok?
CS: Alright
7
P217
-Exhibit 21-
Date of Recording:
Time of Recording:
Type of Recording:
Participants
Abbreviations:
:if
May 25, 2012 2-1
2:22pm; 2:30pm: 2:37pm; 3:19pm
audio/video
DM:
CS:
UF:
UM:
(UI]
[PH]
[SC]
[OV]
David McLean
Lutchman "Chris" Siilgh
Unknown Female
Unknown Male
Unintelligible
Phonetic
Overlapping Voices
OM: So I told Ben when we were having dinner, I told him that you were very thankful for
getting everything through, and uh, you appreciated it.
CS: Mm-bmm. I know, he I thought he did, he, he, he really, he really talked wen in my favor,
they were, they were fighting it. Fucking Lee.
DM: Lee.
CS: Pam for a little bit acted like she was gonna.
DM: Yeah, she, I mean is there enough parking? Well, what the fuck. And then the funny thing
is, they' ve changed the parking. So the parking, is not so restricted anymore.
CS: Oh.
DM: So you, you dont need as much parking, so that, that worked out well.
CS: Right.
DM: What building was this? Or what did this used to be? Or is it a brand new building?
CS: This. Where? l don't know.
DM: Watch it. Watch it.
CS: Fucking idiot.
DM: Alright, doing your fucking run. Piece a shit. You would've been lucky if we hit you.
P218
CS: [UI] I know right, he would've been lucky. They don't want no SUV's parking out in
the, in the front there.
DM: They don't?
CS: No.
DM: Is that what it says?
CS: In the front, in like the urn, in the thing, what do they call it, oh, you know what, you
know what I got for you right, let me see, look I wrote up for you.
DM: What's that for?
CS: Told you I was gonna.
DM: Ohgod!
CS: Your rent's covered till December buddy.
DM: Oh, oh, my god!
CS: Dude listen, I've been trying for fuckin ever.
DM: Ohman, thank you god. Really? God, you'll make me cry man.
CS: I told you, I've been, no, no, you ain't gotta cry, listen, when I say, when I say something,
I stick to it. I told you ...
DM: Holy shit.
CS: Did I not tell you that?
DM: Yeah.
CS: Bro, you've been nothing but freaking good to me.
DM: Thanks.
CS: You made this shit happen. Ben, Ben told me, Ben flipped from this guy to that guy.
DM: (OV] Holy shit. Yeah yeah yeah.
CS: I mean he made it happen it' s .. .
DM: Oh man. Thank you, thank you so much.
2
P219
CS: Please, $8,000 man, is nothing. And the rest of the deal, I told you, I'll give a $1,000 cash
and it.. .
DM: What?
CS: I told you I was gonna give it to you. I got my fuckin license bro.
DM: Oh my god!
CS: Man, three years, three years, I've been fuckin getting fined.
DM: No shit.
CS: Have I not, Jackie gave me a fine a $100 a freaking day, that's why I had that lien for
rreaking 2400 hotrrs.
DM: Wow.
CS: Here
DM: Shut your car.
CS: Would I, would I do you wrong?
OM: You're gonna, you just, you just pulled the whole fuckin place out of the hole.
CS: I told you that, did I not tell you I'm gonna take care of you.
DM: Oh.
CS: When I told you, what I tell you?
DM: You're not wired are you?
CS: Fuck you. [Laughs] wired my ass.
DM: [laughs]
CS: Wired, wired, wired, here yeah, my phone is wired yeah right. No listen, David, three
years, you know how much, bow much bell, you know how money I paid for my fuckin
lawyers, back and forth, everything trying to get, I had, you know what it cost me that day
that lawyer had to come in there?
DM: No.
CS: $2500.
3
P220
DM: Jesus.
CS: You remember that day when you had to come in and I said, "Eugene, you're a liar."
CS: I don't think you were there. You wasn't present.
DM: No,no.
CS: You heard about it.
DM: Yeah, yeah you told me about it.
CS: Dude, $2500, you know what, think about that, and think what he had to, if he had to
come back to go to that commission meeting ...
DM: Right, right.
CS: Let's just say Ben was being fuckin firm on this. Plus, [UI] they just made that new,
thing, no more auto repair shop.
DM: Right right.
CS: They could say, if we do it for you we have to do it for everybody else,

2:30pm
CS: Yeah, no man, let me tell you something, I felt like a fuck, when, when, what's his name
came in, inspector, when he came to look at the VIN normally I am like all nervous and
shit, I had an engine on the floor ...
DM: Yeah yeah. I know. I was nervous for you.
CS: When he came in to my ...
DM: Cause he's a ball buster.
CS: Yeah but when he came in; Adam says dad, the inspector. He goes, we're approved for
the license. Even if my son looked like, you don't know the relief, Dave look ...
DM: Good.l'm glad. Serious.
CS: You don't know the relief, it's what, let me tell you something that's worth 20 fuckin
thousand dollars to me, to be honest with ya, I ain't gonna lie to you.
4
P221
DM: Well now we could get" that shopping center done, get that, get that urn ...
CS: Awning.
DM: That would look really nice.
2:37pm
DM: So then, um electrical, I mean, I don't know why you have to go to through a whole other
inspection.
CS: I don't, well I wasn't, I don't think, I was supposed to, I mean that's what the lady said,
'cause she said oh it's just change your license. She goes urn, your keeping your sales. I
said yes, I'm just getting a license because it's the correct classification, I've come to
figure out over the years, but nothing has actually changed, I've been doing all the repairs.
1 told her, I've been doing all the repairs, if you check with code enforcement, I got fined
for it.
DM: Let me see ifl can, let me talk to Dianne on Tuesday, see if we can get around it.
CS: Mm-hmm. I think it's a matter of, if Dianne even nods and says no I don't think so, she
just gonna, because she was gonna do it right there on the spot. Then she turned over and
says oh wait, wait, wait, no, zoning has to sign this. 1 guess 'cause zoning approved it.
DM: If Ben signs it, I'm gonna see if we can just get it through.
CS: Well I'm gonna fill out the app, and urn, take it there Tuesday morning, and, by then it'll
be enough time, because if you talk to Dianne, that'll, that'll cover that.
DM: Alright, and then when we go, when we go to do the fence, were gonna do like we said,
we'IJ dig two holes, we'll rent one of those things.
CS: Yeah. Yeah, the core drill.
DM: Yeah, so we'll do two holes. We'll go ahead and sink the first, you know we'll sink the
post, and then we'll just uh, I don't even think we have to cement them, we'll just sink
them, put them in, and then we' II put them up, take him up and put him in the next one
and cement them afterwards, we could do it in the middle of the night, [UI].
CS: In the evening, it doesn't have to be night.
DM: Yeah. They won't even know.
CS: They're not coming out.
5
P222
DM: They won't even know.
CS: They're not gonna bother us.
DM: And then, we'IJ park our cars along the edge, they'll never fuckin know.
CS: h e y ~ r e not gonna bother me.
DM: They do their own. This is good.
CS: I'll try it.
3:19pm
DM We got our license. We got our license we're good.
CS: Yeah, I'm saying, so Joe's there trying to talk, every single person, you looked around,
you see everybody just like, quiet. And I get up there ...
DM: He's telling you to be quiet, didn't he?
CS: Yeah.
DM: Yeah he didn't want you to say anything, 'cause he just wanted it to go through.
CS: Oh, I'm like why is he telling me to be quiet? I'm like, is he picking on me now?
DM: No, no he wanted it to go through, don't say nothing.
CS: I kinda, kinda figured that afterwards, but at first, I'm like, oh god, now he's gonna pick
on me.
DM: You could tell Talerico had no idea about anything. You noticed that right? Talerico's a
nice guy, he just, he just don't know what to say.
CS: He just yeah.
DM: Dave can we get some more napkins.
UM: Yeah, coming right up.
CS: He just said yes to everything. Does he even have a opinion?
DM: Nobody knows. He's a nice guy.
6
P223
-Exhibit 22-
-41:
Date of Recording: June 14, 2012 ~ l
Time of Recording: 1:13 prn
CS: Lutchrnan "Chris'' Singh
CS: Urn, if that now should I wait for that to be done?
DM: No.
CS: For the fence to still work on the grant project?
DM: No. You can still fill paperwork out, start submitting it.
CS: But, but last I have to get my GC first?
DM: Yeah.
CS: 'Cause he, lUI] will put me on the [Ul]. What is that, you got?
DM: He, he can draw it up.
CS: He said he's got somebody that does. you know, a lot of big jobs for him, just enough to
them this is nothing, but it's through somebody that does construction work I guess. I
really, really think that we go straight out that fucking [UI].
OM: It is.
[TV plays loud in background)
OM: Get, get an estimate from him, get an estimate; estimate from R&K in Margate.
CS: I have to get multiple estimates?
DM: Yeah, you have to get a couple.
[TV plays loud in background]
CS: R&Kis.
DM: Urn, he's the local guy here in Margate, they come in here, the guy comes in here, urn, you
met 'im. You met 'im, when he had Jeanine's party here. Urn, he's doing the, uh,
building next to the Marathon on, and he is, uh, doing that building
CS: All I need is a phone number something to call 'im. and get an idea. So how many
estimates I have to get?
DM: Three.
P224
DM: WegetR&K.
CS: So I know two people, so, what's his number? If he comes in too low.
[TV plays loud in background].
DM: It can be anywhere, it can be low cost. It doesn't mean go with the lowest.
CS: Oh, you need just one.
DM: Yeah, you need. You know, we, we just show them we got three estimates we're in the
ball park area.
CS: Okay.
DM: What this is, you gonna do and everything's gonna have to wait 'til we just, you know, look
at 'em and, you, you know.
CS: I think I can get a [UI] so we don't have to give him, uh, [UI].
DM: Yeah, yeah.
DM: What's this or [UI]?
CS: Oh, they didn't say right here.
DM: Oh.
CS: No, we get R&K, lets just say we get R&K come in and say that job is 20,000 and I get
people that just got, Rama knows one guy, he can do one too.
DM: Right.
CS: And there's some that I told you 20, you can get it for 18, so that's for 35,000.
DM: Right.
CS: They gonna look at 35,000, 20,000, why you going with this guy?
DM: He'll work with you. I know him.
CS: Qh.
DM: He'll work with you like ..... .
CS: 0 ... , o ... , kay.
DM: how you work, I'm sure.
CS: So that's what we gotta do.
DM: Yeah.
CS: So, I'm gonna, I can get the one guy I know, and he knows somebody else, that will get me
high estimates to show. That way I don't have to spend no fucking money.
2
P225
DM: Yeah, [UI].
CS: I mean, not, not, like I'm putting money in my pocket, I'm gonna use.
DM: No, ifyou're gonna use it.
CS: Yeah, it's gonna be for them.
DM: Yeah, yeah.
CS: To get that. Well that's what I'm gonna do.
3
P226
-Exhibit 23-
Date of Recording:
Time of Recording:
Type ofRccording:
Participants:
Abbreviations:
7/f-
July 27, 2012 t3
9:12pm
audio
DM:
CS:
UM:
[UJ]
[PH]
[SC]
David McLean
Unknown Male
Unintelligible
Phonetic
CS: Urn, we wanna, we need to start planning what we're doing in the front.
DM: We'll do it this week, we just get it, we gottaget three guys. J'IJ cal1 what' s his name,
rn ca-, I'll get Steve here tomorrow.
CS: Okay.
DM: I'll get Steve here tomorrow, Steve from, ah, Rand K. I'll get him here tomorrow; you
got your guy, right?
CS: J can, I yes, I have a guy. The guy that I have, he, he' s a, he' s licensed, his dad owns the
company, so he start, he's forming his own corporation gone, but he's a licensed GC.
DM: Okay.
CS: Which I don't, the city don' t care if you been in the business ten years.
DM: No, no.
CS: It's, it's the name.
DM: No, no, yeah, exactly.
CS: As long as you have a license and you're insured. So, he's got, ah, everything. So, he's
fonning his new, his new corporation so he can, he's gonna do it because he knows that,
he doesn't wanna put his, he doesn' t wanna get his dad and his mom, his wife everybody
involved.
P227
DM: Right.
CS: 'Cause he's gonna, I told him what I needed to do.
DM: The other thing I can do is, is I can probably ask and maybe just for the hell of it ask the
CRA, the director, who the other shopping centers used maybe just so we can get an idea.
CS: Yeah, but the problem is if we use those guys then we have to come up, I'm trying to get
somebody ...
DM: Oh no, no, we need somebody ...
CS: in here [UI)
DM: we can make a deal.
CS: Yeah, I don't wanna spend the money.
DM: Right, right.
CS: I wanna make them, make them come out and say, yo' here's, you know?
DM: Make it simple as possible; did you see the fuckin' place where James used to work?
CS: Nah, it's [UI].
DM: How nice?
CS: Nice, I love it.
DM: Did you see the new awnings?
CS: That's what I wanna do.
DM: Did you see the new awnings?
CS: Yeah, but we're not gonna, we're ...
DM: The awning's nice.
CS: the awnings aren't gonna be too much to change.
DM: Yeah, yeah.
2
P228
CS: Or too much work. But, if we can keep a little hang, over hang that we have and then go
up, make it look like it's second story.
OM: Yeah, yeah.
CS: Urn, and then also found out that the city allows you to do a $25,000 improvement for
your own personal use.
DM: What do you mean, for your house?
CS: No, commercial, oh that's, that's for resi-...
OM: That's for residential. No, no, no that's not, not it's for, it's for your business. But it's
for .. .
CS: . You cannot sell it or rent it for the first year.
OM: No, that's for the house.
CS: Ob.
OM: That's for a house. Yeah, they help you with the down payment on a house.
CS: No, no, no, not down payment, they said I, I was reading something that, on a commercial
property, like if I, upstairs I can build a room as long as it costs, it's up to $25,000
improvement. But, it's not for commercial use, as the owner . ..
OM: I didn' t see that.
CS: of commercial property. I might, it might, it might be for residential then. I gotta, we
gotta research it some more, we gotta ask Ben about it.
OM: Yeah, we'll ask Ben.
CS: I can, I can build an ...
OM: In fact we'll . ..
CS: office upstairs for my personal use, not for business, for personal use. And this would be
Autotronics, it's my personal office. Not to take customers and ...
OM: Right, right, right.
3
P229
CS: or anything [UI] my place, you know, I can shower or I can change.
DM: Yeah.
CS: Do whatever, sleep, whatever.
DM: I got you.
CS: But, um, so, if you get R and K here tomorrow.
DM: Pll get Rand K, I'll call ' em tomorrow. I'm gonna be here early cause I've got the .. .
CS: I'm leaving at three oh clock.
DM: A.C. guy here.
CS: So you gotta be before three.
DM: Ah, no I'll be here early. I gotta meet my PR guy, we hired aPR guy for the. campaign.
CS: Right.
DM: So, I hired him, he's gonna be here and then I got the air condition guy coming, I got
Bobba-Lou coming, I can' t, I [UIJ ...
CS: Well that's why I wanna get you with quick because I don't want the campaign to start, I,
I know it's gonna be hectic and .. .
DM: Well no.
CS: I don' t want you to be in the middle of trying ...
DM: I just gotta sign papers.
CS: No, no, I know, I was saying is I don't, you know when the campaign ...
DM: You know who it is?
CS: Who?
DM: The guy you fixed his Porsche, or .. .
CS: Oh.
4
P230
DM: not his Porsche, that yellow car.
CS: Yeah, yeah, yeah. Oh, he's a cool guy.
DM: Yeah.
CS: I just don't want, when you start campaigning, you know, you, you gotta spend time
doing what you're doing.
DM: Oh no, I know.
CS: I don' t wannabe like oh I, oh I gotta take care of this with Chris, I gotta [UI]. But we
gotta get [UI].
DM: [UI] we have to get three people in, I have one, R, K's good, we, and you can wheel and
deal with them if you have to.
CS: Right.
DM: Urn, and we need somebody else. But don't, we don't talk wheel and deal, we just tell
'em we need an estimate, you know.
CS: We're not supposed to tell 'em.
DM: The most inexpensive way of doing it.
CS: And then after we ask him?
DM: Then we do, then we do it on the side.
CS: Oh good look, so, tomorrow after ten, before three.
DM: Yep.
CS: [Ul]
DM: You leaving Mo' [UI]
CS: Alright, man.
UM: Where's the [UI]
CS: I'm gonna [UIJ, I'm gonna call [UI] .
5
P23J
-Exhibit 24-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
CS: . .. right now.
DM: Yeah.
-::If.
July 27, 2012 J-'f
9:25pm
audio
CS:
DM:
[UI]
[PH]
[SC]
[OV]
David McClean
Unintelligible
Phonetic
Overlapping Voices
CS: The structure of the building is really, up by where the glass is right? So I'm, LUI] you
see where that building goes in?
DM: Yeah, yeah.
CS: I'm saying from there is where we go up the height of an actual floor. Straight across,
straight that way, and straight that way.
DM: So we' re gonna square this off?
CS: Yeah.
DM: Yeah, yeah.
CS: No, no, not this. Towards the back. So this means like the protrusion outside.
DM: Oh ok. So you wanna add on to the back of this and this is like an awning?
CS: No like, yeah because of the support. That's the, the weight has to go on where the posts
are. Alright?
DM: Oh I got you, I got you.
CS: So we go up inside, up, see where that ....
P232
DM: Yep, yep, yep.
CS: we would go up inside. We would go up, across, across that way, and across that way.
Because ultimately what my thing is, if we have a wall, a wall, and a wall this way, all we
have to do is put a wall in the back.
DM: They can't see shit.
CS: Put a flat roof. We could have parties up there.
DM: Yeah, I see what you're saying.
CS: So you could get in from here and get up there.
DM: That would be cool.
CS: So now you can actu-, and I can promote a hell of a fucking party. I could have you, you
know what I mean? [UI], it'd be all under, you know under your license, your bar,
whatever.
CS: So you don't need no licenses or nothing. And it's private. It's not, it's not for money.
[UI in the background]
CS: That light flashing on makes a big difference.
DM: It does, doesn't it? I know.
CS: Everybody sees the place.
DM: Well as soon as my electric bills straightened out. I ain't got that straight yet. Then
they'll put that light up. They're waiting for me.
CS: And that's cheap.
D M: Yeah, 25 bucks. That 25 bucks will bring a lot of fucking business.
CS: But you see that? See that what they have there?
DM: Yeah.
2
P233
CS: That's like on their regular electric bill.
DM: Say it again?
CS: That one there, that's like their reg-, that's not FPL, they put that in.
DM: No, FPL puts it in and ...
CS: No, no this one right here. That little one.
DM: Oh yeah, no that's his next door.
CS: Put in a LED like that.
DM: No I got it, I want one from FPL. Fuck that.
CS: I'm saying, but I'm saying [UI].
DM: It's 25 bucks a month. They maintain it. And, and he told me that thing is, he said
that's going to fucking light the whole, cause I wanted two over here. He said listen,
we'll put one cause if you put two and we get a complaint, you have to pay to take it
down.
CS: It'd be too bright.
DM: Yeah, he said it'll be too bright. But he says really, he said just put, take one, you could
always add another.
CS: I can't wait till we put [UI]. We put our [UI] and all this time to go higher.
DM: Yeah, it'lllook good. This will look totally different from that.
CS: No but it'll stand out. It will be like, the city's gonna love it. Because you know why?
It's gonna look like a freaking, like that building up there.
DM: Yeah.
CS: It' s gonna look like new buildings in the city.
DM: I'm telling you.
CS: All the blacktop.
3
P234
DM: Yep. I wish, I really wish we could get a hold of the fucking owner of that center next
door and tell him listen, we got, we got a guy giving us a price. Do you wanna see what
your price is?
CS: In the parking lot?
DM: Yeah, do the whole thing. That'd be the smart thing to do.
CS: I'll tell you what happens. The minute this is done, he'll do it.
DM: I'll call the city and make him do it.
CS: Yeah. Tell him hey, fucking, drainage, whatever, I don't know.
DM: No, you can't even see where to park. We have an ordinance where their supposed to
keep it sealed, stripes. So we've been lax because ofthe business.
CS: Yeah, economy is [Ul].
DM: Because it' s tough.
CS: Yeah.
DM: Let me go talk to somebody.
CS: Y cah, yeah.
4
P235
-Exhibit 25-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
-:/:-,5
August 8, 2012 ~
7:15pm
audio
DM:
cs
KS
UMl
UM2
David McLean
Karl Smith {contractor from R&K)
Unknown male number 1
Unknown male number 2
[UIJ Unintelligible
[PH] Phonetic
DM: But not exact replica of up the street, the one that you like.
CS: Yeah.
DM: So it's' a fake front and he understands so now we just gotta come.
KS: A, AC is terrible.
CS: This what, we wanna do from what he's saying; we wanna go up in the front.
KS: Right.
CS: Through out this side, throughout the other side. When, when someone is driving by the
road.
DM: They look and see.
CS: Two story building.
DM: Yeah, yeah, he wants to make it look like a two story building.
KS: Okay, you're not, you're not gonna do anything on the interior?
CS: No.
KS: It's all f a ~ a d e
P236
CS: Fayade.
KS: Its all fa9ade, you got it.
DM: And, uh, we, we gotta' come up with the criteria of what the city wants, but that's what
you two can get together with numbers and see what you guys can work out, and make it
work.
KS: You gotit, um.
CS: My ultimate goal, urn, ultimately what I was thinking in the back of my head was, if I had
that and I see eventually that's it, is making it go full. But if, if that's two.
DM: Like a second story later on.
KS: Right. That I know.
CS: That's two different types of construction, isn't it?
KS: Yeah, yeah, because for one thing [coughs] the fa9ade ..
DM: But [UI].
KS: Is, gonna be light weight.
DM: So it's not gonna be hurricane.
KS: Not, not weight bearing so forth.
DM: Proof.
KS: it would have to be hurricane.
CS: Hurricane, hurricane.
KS: That'll be hurricane proot: but if you were talking about going with another floor on top
of this, then you'd have to get into something structural where they come in beef up the
footing down below and not.
CS: Forget all ofthat. Forget, forget all of that.
DM: Yeah, yeah. Yeah.
2
P237
KS: Serious money man.
CS: Forget all of that.
KS: Yeah.
CS: Here's what we're gonna stick to, we're gonna stick to our original plan.
KS: [Coughs].
CS: We want it to look like a two story building from the road and, you know, like a fake
front.
KS: Right.
CS: I'm really, I'm, just thinking and, and you, together we can all plan some beautiful (UI)
from this. As I was thinking you know make it look like there was windows.
DM: Yeah.
CS: So we put LEDs behind it, and people driving by it looks like there's another floor being
occupied or something. It looks good and our signs now can go up top, right and not
below.
KS: [UI] here's what we got, here' what we do. Dave's known me for a long time.
DM: Yeah.
KS: R&K Contracting I started this company in ninety-four.
DM: Yeah.
KS: Twenty-two years, we're a shell contractor that's what we do.
UMJ : Okay, but that's different.
UM2: Hey, I'm not riding no where.
KS: About...
UM2: [UI] [OVJ.
[Radio heard in background).
3
P238
KS: Five years ago, you know, my wife Gladys.
DM: Right, right.
KS: She started a company called CSR Restoration. Well, I'm pushing 57, so I'm talcing a
little back seat to this company.
DM: Yeah.
KS: I've got my son's running this.
DM: [UI] turned it over, yeah.
KS: And I'm working with her. I'm still president of this company; I have all the backing,
everything we need.
DM: All the licensing they were.
KS: But, I can, I don't carry the overhead that my, my boys carry in this company. So, I, we,
we can make this thing work.
DM: Okay.
KS: [Coughs]. We can make this thing work, uh, main thing we need, you have any kind of
drawings, or you don't have anything?
DM: Nothing, but what we wanna, you, that's what we wanted to talk.
KS: Okay.
DM: But now, we have access to public records.
KS: Yeah.
DM: To the other.
CS: The other job that was done.
DM: Yeah.
KS: What you want.
DM: Yeah, and so I can get a copy of it.
4
P239
KS: So when we just.
CS: Oh, yeah.
KS: What we do is get a copy of that, like I say that'll be some, some cost savings right there,
'cause we don't have to have someone else.
CS: [UI] keep us from doing anything.
KS: Re-design it. We can take what they've got that's what you want.
DM: And modify it.
KS: And just [noise] complete that and make it fit this building. Our fair cost is to use the
same architect, clifferent drawings. Yeah, that's step one, you gotta get some type of
drawing, to be able to.
DM: Right.
KS: Bid off of.
CS: So where'd you go.
KS: And then we can put together bids, ub.
[Radio beard in background].
KS: Three competitive bids for you.
DM: Yeah, that's what we need.
CS: Oh, you can get us three competitive bids.
DM: Oh, yeah. Yeah, yeah, so yeah, that's what we need.
CS: 'Cause I have a guy that can get me a bid just, he won't be able to do the work 'cause he's
from outta town.
[Radio heard in background).
KS: Yeah.
CS: But he can do a bid for us to put in.
5
P240
DM: Right. We need the bids so that it's legal.
KS: True.
DM: You know.
KS: Ttue, yeah.
CS: And obviously we'll talk more in. depth what.
DM: Right, and, and, see and.
CS: What we really wanna do, we ...
DM: And, and, and with aU due respect he's a hard worker, you're a hard worker. It's about
everybody making money and trying to get the best for your buck.
CS: Yeah. Yeah.
KS: Oh, yeah, man.
CS: Obviously, obviously we wanna make sure you're doing the work, you get paid for it.
KS: Of course.
CS: But.
DM: Yeah, yeah.
CS: [Laughs], you know.
DM: Yeah.
KS: Well, you know, from, from what I'm, understanding here, it's not gonna be a lot of
work, a whole lot of it's gone be signage.
DM: Yeah.
KS: Which would have to be, you have to be subbed out to a sign company because that's a
specialty contract, uh.
DM: To move the signs up.
6
P241
KS: Just to, to make the signs.
KS: Set 'em, set 'em up and everything. Then secondly, uh, uh, I'm, assuming you're gonna
have lighting in the signs.
CS: Just put 'em in.
DM: Yeah.
CS: Yeah.
KS: Okay, so that's like electrical, electrical.
CS: The signs gonna be electrical. So, if we do.
KS: [Coughs].
CS: A facade, can we do the facade with outlets on them, one shot?
KS: Oh, yeah. Yeah.
CS: Because this we wouldn't have to move the signs, I think with the city moving the sign
would be not a big deal where we can come and do that.
DM: Yeah.
CS: Have them.
KS: Have nothing ...
CS: In other words if we do the fayade, do the facade with outlets.
DM: We' ll just put outlets . . .
KS: Right.
DM: And then we can always have.
CS: Start with weather outlets.
DM: The sign company come in later to put either a box sign, or chain of letters or whatever.
7
P24 2
KS: Okay.
CS: Or lift those same signs up or whatever they do.
KS: So then you're not gonna do the fayade, and the sign at the same time?
DM: Well it's possible.
CS: Wanna make it better.
DM: But we gotta
CS: We don't know what this. What we're, we're trying to work with is if you're saving, I
wanna work with, I wanna work with the grant.
DM: The grant.
KS: Right.
DM: That's what we' re working with.
KS: Right.
CS: So, we wanna keep it down to what the grant will cover. ' Cause the grant is a matching
grant.
DM: But the, the only thing is and, and we can work on this, can always change it later. We
can go with the box signs that we have.
KS: We.
DM: 'Cause once they bring 'em up, but the, facade maybe so big, it may look funny with a
little tiny box.
KS: Yeah, we won't be able to, but.
DM: But we have to look at this [Ul].
KS: And all of this will have to be approved by the city of course.
DM: Yeah, of course.
8
P243
KS: So, you know, with.
CS: I think, I think, we, if we put the weather outlets up top, a faade with weather outlets
nothing else.
DM: Right.
CS: We leave those and the box signs where they are, because they' re small like you said, and
we'll find out from, from the city because that' s a different department, if.
DM: Yeah, we'll be able to, we, between now and then.
CS: If, tin lettering is allowed and that's something that we'll have to do.
DM: Yeah, between now and then we can work on it.
CS: Business by business to work at.
KS: But, but, but I can tell 'ya now that when, that when we go to file for a permit, that they
gonna, they're not gonna, generally the city is not gonna wanna say, okay.
DM: A box.
KS: We're gonna do a f ~ d e and later we gone' try, they gonna wanna see it.
DM: Okay.
KS: All like that, you know.
DM: Well, that' s where.
KS: What, what, what we gone' have for a final product, what we gone' do is, generally they
don't wanna do it stage one, stage two.
DM: In the meantime, we' ll talk to our sign guy.
KS: They're gonna be.
DM: Okay, we' ll talk. We' ll talk to your friend AI.
CS: Okay, we'll talk. Yeah, and we'll, yeah, yeah and we'll see what they say. But, that's,
in, in a nutshell that's same one. So, I guess we have some homework.
9
P244
KS: And see, not only that they had to keep it more cost effective. You've already got a guy
that you wanna use for the sign.
DM: Well, we got a couple.
CS: No, not necessary ...
DM: We got a couple.
CS: We have a couple of people.
KS: 'Cause see, he's gonna wanna go in at the same time when I pull my permit, to be able to
pull off of my permit, it's gonna save him a ton of money.
DM: Right, but he doesn't.
KS: Just, just in permitting fees.
DM: Okay.
KS: Last thing you wanna do is come in here, and me do the structure one and close out my
permit, and then have to go back, and reopen.
DM: Gotyou.
KS: Another pennit.
DM: Gotyou.
KS: So, right, so.
[Background conversation heard).
KS: It' s, it's, it's like maybe a, maybe four or five point's difference.
[Background conversation heard).
KS: Now on it, so when you start talking four, five percent it's a.
CS: Oh, so, yeah. I understand.
KS: It' s a little [UI] [OV).
10
P245
DM: The best, the best part of this whole ordeal is that, this is probably the only shopping
center that has not been upgraded in the last twenty years. So, once we go in and we got
the prints there, they're gonna want us to work together, they're gonna want us to put the
signs up like you said, and, uh, it's, it's a good thing, it's a good thing.
KS: Oh, yeah. Oh, anything we're doing to dress up Margate is a good thing.
DM: Yeah.
KS: I'm in on it.
CS: You have to be swift.
KS: Yeah.
CS: Oh, true.
DM: Yeah, and he's a Margate resident. He's a Margate resident, too.
CS: Well, they love to give the work to the.
DM: Yeah.
CS: Locals.
KS: I live, I live in Margate now.
CS: And his company is Margate.
KS: Like, I, I wouldn't live nowhere else, but Margate.
CS: So.
KS: Yeah, when I first moved in here, I moved down in Plantation Acres.
[Background conversation heard].
KS: I lived there for a year and I came home one night, on a Friday night, and l was straight
out of Virginia, I had just moved down here.
DM: So, you sound like you're from New Orleans.
KS: [Laughs]. And, so, uh, two, two of the guys that work for me stopped by on Friday
11
P246
night, we was throwing some steaks on the grill and come out here, and get payroll and
all.
DM: Yeah, yeah.
KS: And we eating some steaks, drinking some beers and walked out front and then my damn
trucks was gone.
DM: Noway.
KS: e a h ~ I says, "Are you shitting me? Somebody done stole the truck?"
DM: Stole it or the city yanked it?
KS: No, they, they had towed 'em in because after five o'clock on, in the evening you can't
have a truck.
CS: A commercial vehicle.
KS: A commercial vehicle there, and one of the commandos one who had the condo, I mean
the.
DM: Home Owners Association.
KS: Home Owners Association had come by, and had 'em towed in. I says, "You shitting
me?'' I went the next day, and put a, for sale sign, and moved to Margate.
CS: That's right. And, so, you got your homework.
DM: Alright, so.
CS: You gotta get.
DM: I'm gonna work on the sign.
CS: Somebody else's drawing.
DM: Well, we got, I'm gonna work on the drawing with Diane.
CS: Get the drawing, and get a copy of the drawing. And we'll get together, let's plan it, we
meet together.
KS: Okay.
12
P247
CS: One day, you tell me when.
DM: Uh.
KS: What about two of'em.
DM: We sit down.
KS: Why don't we [SC] [OV].
CS: We sit down. You're a hard guy to reach [Laughs].
KS: No, no, no, you.
DM: Oh, no, no, no. No, you got his card now.
KS: You got, you got my cell phone number there. You call me anytime.
CS: Yeah.
KS: Uh.
DM: Tomorrow, City Hall , still I, mean, uh, building department still open. I'll talk to Diane.
KS: Uh.
DM: Ifl can get a copy tomorrow, I'll get 'em. If, not we'll get ' em Monday.
KS: You get.
DM: But, I'll try for tomorrow and then.
KS: As soon as you get 'em, give me a day just to look, look over 'em, and then we'll meet up
at.
OM: Go up and measure the place too.
KS: At, measure it up and see how it' s gonna fit and then, then we can have either yawl's, uh,
same architect or I can have my engineer possibly come through, and just critique it off
with those plans.
CS: And this is a 100 feet, 40 feet that's it.
13
P248
KS: Okay.
CS: And, and if you think that we don' t need to come along the sides, because basically it's
just.
DM: Money.
CS: Different types of structure anyways.
DM: Yeah, yeah. Yeah.
CS: And we do ' em, but, if, maybe that's what's gonna make the numbers come up high
enough.
DM: Yeah, yeah. Yeah. Yeah.
CS: For us to be able to split it up, then well do it that way. Whatever, you think is, we'll,
we'll get together and we'll talk more.
KS: You got it.
DM: Exactly.
, '
KS: You got it. What all you do here, Chris?
14
P249
-Exhibit 2 6-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
CS: [UI]
DM: Um,justwanted to [Ul].
August 9, 2012
~ . ,
12:28 pm
audio
CS:
DM:
[UI]
[PH]
[SC]
[OV)
David McClean
Unintelligible
Phonetic
Overlapping Voices
CS: You heard what the man said. We' re customers. The only reason why I did it, cause
you did it.
DM: Yeah.
CS: Um, you didn't forget about the drawings did you?
DM: No, no, no I'm going to do that today.
CS: Ok.
DM: But urn, what time is it?
CS: I, finally he came so we can get rocking.
DM: Yeah. I'm gonna go over to see Diane . .
CS: Uh did, did you talk him about uh .. .
DM: Yeah.
CS: . .. like, the details?
DM: Yeah, I just told him basically urn, we need to work, you know cause the city's gonna
P250
match the grant. So we [UI], need to do this the most inexpensive, but the proper way.
You know, and he understands. So he says, well let me get the plans and see, we'll go,
go from there.
CS: What he can do?
DM: Yeah.
CS: But then it was like, he can, he would bill us double . . .
DM: Yeah. He'll. he'II'make it so that we don't have to pay no money out of pocket.
CS: That's what I meant.
DM: Yeah.
CS: You asked?
DM: Yeah.
CS: Do that. I'm gonna run. I gotta go to [UI] look at a [UI].
DM: Alright.
2
P251
-Exhibit 2 7-
:if
Date of Recording: August 30, 2012 2-7
Time of Recording:: 5:09pm
Time of Recording: audio
DM: [Noise] What's that?
CS: [UIJ. I met this guy briefly.
[PH] Phonetic
DM: The guy you were talking about?
CS: Yeah.
[Background noise/music]
CS: Listen, [OV][UI]--
DM: What do you think?
CS: Yeah, he was, he was like, if it's a thing, i:f, if everything [UI] the same was as Delray,
some [UI] get me [UI].
DM: But they' re very IUJj.
CS: [UI] of obligation and start [UI] getting the, getting the [UI].
DM: [OV] Well what we' IJ do is we' ll get the, the paperwork . ..
CS: fOV][UI] He . . .
DM: . .. filled out .. .
CS: just generally there' s money up front and stuff, you know, put it lUI). He goes, "But, urn,
don't worry about it. We'll work all that out." So, I don't even have to give him a
fuckin' penney.
DM: Okay. [OV]
CS: So .. .
[Background noise/music]
DM: WeJI we' ll [Ulj
CS: [UI] pay, he defmitely [lJI] pay. He definitely gonna come in higher. So, we d o n ~ t I
don' t spend all [UI].
DM: Yeah, he knows what we wanna do, right?
CS: He has an idea.
DM: He knows we don' t wanna lay ....
CS: Yeah.
DM: .. . money.
CS: Yeah. yeah well, yeah, that's, obviously that's why J'm fuckin' bitching somebody out,
P252
you know what I mean? So, we' ll [UIJ more.
DM: [OV] Yeah.
CS: But, I don't wanna--
CS: [OV] [UI] 'cause I don't know how it works. I think that he was planning on--
DM: Well I, I got the paperwork in my mailbox. I just haven't been to City Hall.
CS: Right.
DM: So I will pick that up to-, tomorrow, when they're closed, I'll go get it.
CS: And also, what he, ~ h t we really have to find out is, well no, what he's saying is, as long
as he had a, as long as, as long as he knows [UI] everybody's cool [UJ][OV].
DM: Oh yeah, that' s not a problem.
CS: [OV] You know what I mean? Because the problem is they looking like $50,000 to do
that? Oh, yeah, you know.
DM: I, I don' t know what the, uh, the amounts are, but--
CS: I'm just making up a number ...
DM: Yeah.
CS: . . . and he said, "You know, they're not gonna make a scene or nothing [UI]." So, I don't
exactly who, what, when, where or how it was, but I'm pretty sure we're okay because
I'm the only building right now that looks like shit [UI].
DM: Yeah well you're only one that hasn't been done. I know. No. You wilJ show the pictures
that you did put money into this when you first got it.
CS: Yeah.
DM: You took the blue down, and put aU-- [OV] We gotta show all that.
CS: [OV] [UI] it was galvanized [UI].
DM: Yeah, you better show all that.
DM: And you upgraded all the electric. You did all the work here. I mean, you got permits for
everything, right?
CS: Of course. Yeah, yeah, yeah.
DM: Right, so we're gonna show that look, you've put money into it--
CS: Everything was permits, yes.
DM: Yeah.
CS: The NC unit was [UI] .. .
DM: Yeah, yeah. But, yeah . . .
CS: [OV][UI] I pulled, l pulled permits to do [OV]--
DM: [OV] [UI] next door, or no? You did switch the motor out? Still running okay?
CS: Still running.
DM: Okay.
CS: Urn, yeah, we put three phase panel here in this bar with the [UI] yeah, I put two phase
panel there.
DM: Put separate meter in here.
CS: I put a separate water meter, and I add, yeah, we did a lot of addition.
DM: Yeah, you know, you did. Yeah, you fixed the parking out front. We're trying to get that
2
P253
sat-, situated.
CS: Right, plus I got the permits in to do the back.
DM: No, yeah, it shows [OV].
CS: [OV] They'll, they'll see.
DM: [UI] you're bringing everything up to code.
CS: They'll see, they'll see.
DM: And you got yourself situated inside.
CS: I just bought [UI] because.
DM: They just got their CO over there. They're open today.
CS: Oh yeah? I was wor-, I was worried about them being able to open because being a tattoo
shop, but--
DM: Oh, you mean here?
CS: No.
DM: Over there?
CS: Yeah.
DM: Oh, no, they, we checked before they can mov-, make the move.
CS: Like I said, I was worried about, no, no, when they left Margate, remember that?
DM: Yeah, yeah.
CS: But they don't want no one on 441.
DM: Right, right.
CS: Off of 441 it-. No, that's what I was concerned about and then, um, 'cause I asked (Ul]
'cause honestly, I don't wanna put a shop in there, if it's gonna affect somebody else's
shop. [OV]
DM: [OV] Hey Billy, what's up buddy?
UM: [OV] How you doing [UI]?
CS: He goes, "Well one shop doesn't affect another shop. It's location." [background noise)
he goes, "Alright."
UM: [UI]
[background noise/music.]
DM: [UI] 1, because I made this move for two days. They're waiting, they're waiting for me to
come up with numbers and I should have some cash. No lie. So, you get that money
you'll make me more comfortable.
CS: Yeah, well no, that's the reason I'm saying [UI] it's, it's called balancing the books,
right? What good is it? Ifl get, I get this done, the roof done. And I really don' t spend no
money, it's more like money that, that l would have had. That's how I look at it.
DM: No I understand.
CS: You know what I mean? There, it's balancing, [OV] I balance the checkbook.
DM: [OV] It works itself out.
CS: Right. But ifi, you know, 1 don't have no money coming in, da, da, da, and then, like I
said I'm spending money for them like, well I get the money to spend but, I didn't spend
any money, it happened, so ...
DM: Yeah, no, I got ya. {OV}
CS: money [UI) headed oul
3
P254
-Exhibit 28-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
September 12,2012
#:')..?
1:57pm
audio/video
DM:
CS:
SS:
UM:
UF:
[UI]
[PH]
[SC]
[OV]
David Mclean
Stephen Scacco
Unknown Male
Unknown Female
Unintelligible
Phonetic
Overlapping Voices
DM: Nope good guy, good guy. Yeah the other thing is this, is that is they got we've, we've
got this f ~ d e that we just make we're passing our new um, budget which will be by
October first.
SS: Right.
OM: So we got we replenished.
SS: What is here [UI] what are you?
OM: rrn the vice mayor of the city and I'm also
CS: 1 didn't.. .
DM: Oh.
CS: I, I didn't tell him ...
DM: Ohyeah.
CS: No. no, that's tine I didn' t tell him I just told him you were on the commission.
OM: I'm, I'm the vice mayor of the city.
CS: He's the vice mayor.
OM: But I'm also the former wn, urn.
-
P255
CS: Mayor, oh.
DM: Uh, no yeah former major but I use to be the chairman of the CRA board. I'm just a board
member now.
SS: Oh, okay.
DM: That's still good.
CS: See if you can bring him a Budweiser.
SS: [UI] and urn.
DM: And what we did is we, we just replenished the grant, the grant fund. To do these grants.
Now we're not going to keep doing them.
SS: And, and that's done, I didn't know that was done on a, city level like that.
DM: It is, well what it is, is, we, we, do both. We have had a voiunteer board before. Before I
got elected. And these guys were doing whatever they want. And then if they didn't do
the right thing, it was coming back to the commission bitching. The residents. So what
are you bitching at a volunteer board for? So they come back to us saying motherfuckers
you know you telling us.
SS: Come back to you as the . ..
DM: As the mayor.
SS: as the [UI]
DM: And vice mayor of commission. So we when we got elected, when we had control of the
commission. We got rid of the volunteer board. And took it over. So now we're the
commission, and the CRA. So in fact we got a meeting coming up on uh, Wednesday of
next week.
SS: And, and just something just uh, clarify something to me, which I'm really not I don't
know.
DM: Yeah, yeah.
SS: I'm building a restaurant in Pompano working with this CRA.
2
P256
DM: Right.
SS: Is this the same ...
DM: CRA? No each city .....
SS: So, so, each city has.
DM: has their own and right now the, the, federal the federal and state they're not doing
anymore CRA's. So if you're already in you're good to stay. Like you're in central
Florida [OV] ...
UM: I know (UI)
DM: they're not, no more money there. They're not doing it. So we got in there we're
lucky. We've got a ton of money we bought a whole bunch of property. We got 44
acres. We own out and clear. We don't owe no money on it ....
SS: But the, the, city owns it. [SC]
DM: The city owns it. We're getting ready to develop downtown Margate, and we're
gonna' we're gonna' uh, what do you call it. A um, [UI).
SS: M-hm.
DM: To for the down town build if you're interested in it ...
SS: Oh.
DM: You can put your name in.
SS: Yeah I.
DM: It's big.
SS: Yeah.
DM: It's a big project.
SS: No there' s no money in there for me.
DM: But we had to [UI].at first. You heard of [UI]?
3
P257
SS: . Yeah of course.
DM: But we had them down here and we got a commission that is young and old. You can't
get them all to agree. We got a major election coming up in November. All five are up.
I'm up for re-election. And it could be a whole new commission. And uh, so things are
kind of like on hold.
CS: You ain't going nowhere.
SS: And when is your election?
DM: November presidential.
SS: This November.
DM: Yeah.
CS: It ain't going to be a whole new commission.
DM: But I'm saying it could be. So now we are definitely got two retiring that have been there
for almost 20 years.
UMI: Do you campaign for this?
DM: Yeah, I'm getting ready to I just got my, my bumper stickers out. And I'm just getting
ready to put signs out. He, he, has that decal machine ip there. He's gonna' start making
mystgns up.
CS: [UI].
DM: We got eight weeks to do it.
CS: [UIJ.
SS: And um, uh, okay well not much time till November.
DM: No but you know what (OV] ...
CS: But they don't have a lot of campaign time
DM: because we had the, because we had the August uh, primaries, we didn't want to start
early. I mean even my friends that say they voted for you. They didn't realize it was the
primary. I voted for you did you get it. No it was the primary. I'm not in the primary. My
4
P258
election's not till November. So now we got to kick ass right now. So we got eight weeks.
I mean I born and raised here in Margate.
SS: M-hm.
OM: I been here 50 years. Forty nine years I'll be 50 in November. My dad was the first consul
man of the city. So we know everybody. I mean I don't ...
SS: You' re 50 years old?
OM: I'll be 50.
CS: Doesn't look it right?
SS: Nah.
OM: I don't want to say, I don' t want to say we got it in the bag. Because I got a little bit of
baggage on me with some of these people they' re just. You know how it is when it comes
to poli, politics. They make shit up and so we gotta' fight, we got a little fight ahead of
us.
SS: It seems to me like you got some things done.
DM: Got a lot done. We got more done in 10 years that I been on the commission, then they've
done in 30, honestly.
UM: Urn.
OM: Anybody inside?
CS: Ain' t nobody in there.
UM: [UI].
CS: No but listen there' s nobody in here. I gotta' deal with this guy I'm working on something
there right now. But I went [UI] that came in right. I went and buy this thing because you
know it' s something to work. But this don' t have all of the features we need. I [UI] return
it back. And this is.
UM: [UI].
CS: Yeah.
5
P259
UM: [UI).
CS: In the wrong freakin' thing but I have to deal with.
UM: [UI].
CS: Yeah no, no, but I ain't I didn't know until here.
UM: Let me call him [UI).
CS: Call and find the details [UI] I want to negotiate with them a price [UI] shop and all that.
UM: [UI].
CS: So get all the information and stuff and let me know. But I have to finish up over there
real quick.
UM: [UI].
CS: Urn.
UM: Yeah this is the wrong one.
CS: Yeah, well.
UM: You have the right one.
CS: You see I do this [UI]. But if you want to give the people the car, guard it have open and
close and stop the thing. I go and leave you alone. [UI] on the bench because I have to
paint them l done sand them already.
UM: You leaving here now
CS: No I go right there.
UM: Oh, okay, okay.
CS: But listen to me know do I give. Press open they may open the door look at your car. And
close [UIJ.
OM: I can't, gotta' abstain but the other four, there's no reason why they' d say no.
CS: On what?
6
P260
DM: On the grant. I was telling him I have to abstain from voting. Because I rent from you.
[noise] But it's not a problem.
CS: Oh.
DM: It' s not a problem because it's bettering the city. You know and the other [noise]
commissioners want that.
CS: Hey [UI].
DM: I'm just trying to get it through before the election.
SS: Yeah.
DM: Because the people that are on there now we're pretty tight. And they're going to be
resigning, retiring. They're up there till March. One 'cause the way the seats run ....
CS: Yeah [UI]
DM: the two that are retiring even when the new people get elected ...
CS: Something call you right back.
DM: they're there tiD, till March, those two. So we still got three votes up there. So he'll,
he'll, get his I just want to make sure he gets his grant. You know.
SS: Yeah I'm doing it uh, as a sale. [UI) bigger project than this in Pompano. But uh, its
and working with them you know.
DM: But see they got two CRA's out. They divided that place up in two.
SS: Yep.
DM: And they got a ton of fucking money.
SS: Yeah, yeah.
DM: They haven't spent. That's why that place looks like shit.
SS: Yeah.
DM: They're just starting to do it now.
7
P261
Ss: They're just starting to do it now yeah.
DM: Yeah.
SS: And I got in on it and uh, you know this uh, one guy that I'm working with over there.
That's working with the city. He said anything you want to get done, you call me because
he wants to get this done.
DM: Right, right.
SS: Cause the place is in derelict.
DM: It yeah [l)I]
SS: And ifhe wants to get it done. So every problem we had you know is getting started. We
called him and he called somebody in the city and got it done. They were out . . .
DM: Good.
SS: there in no time.
CS: That's it not what you know it's who you know
SS: What you know but who you know.
DM: It's who you know exactly.
SS: Yeah and we're moving along.
DM: And you know you do a good job ...
SS: We're doing very well
DM: On that one project, they' ll have you back, you know
SS: Yeah, yeah.
DM: I mean we just did all the landscaping here with the state. When, uh, Rick Scott took
over. He stopped all...
SS: And, and you [UI] you worked with him ..
DM: Well, I, no. I didn't vote for him. But he stopped all the state pro, programs. Redoing
everything but this one was already in the progress. So we got so from the Broward line
8
P262
up to Palm Beach line, they had to finish it. So we got lucky. But other than that there
ain't no shit happening. No more remodeling, we got lucky.
CS: Yeah
DM: This is it.
CS: I got lucky cause he don't do small jobs.
SS: Yeah, yeah.
CS: [UI] a favor.
SS: I don't do as big as here as your project here. I 'm just not interested in that. [Ul] ...
DM: Right what about subbing it?
SS: but uh, but ifyouhave.
DM: Getting it subbed out?
SS: Well no, no, it's not that it's that you know jobs that big have just a smaller profit margin
forme.
DM: Right, right.
SS: I mean I do, ifl do a small you know ifl do jobs a million and under, I make a lot more
money, if I do ten [UI] [OV] ...
DM: Right, right, right I gotcha.
SS: I'm just not interested .. .
DM: I gotcha.
SS: It just, it just doesn't it doesn't suit me. I, I mean I really like jobs uh, you know 200,000
and under. I make the most on that.
DM: Right, right.
SS: So ub, if you got any stuff like that or anything you can steer me or help me out with
[OV) ...
9
P263
DM: I will definitely, definitely will.
SS: Because that, that...
DM: Whatever we can do.
SS: is really interests me.
DM: Okay.
SS: You, you know that I mean that's, that's, really what . ..
DM: And it's more gratifying I mean you come in here ...
SS: Oh, yeah.
DM: and you can do this one. And then you do the one across the street.
SS: Oh yeah, yeah.
DM: You could say look.
SS: I come in here six weeks. I come in this building you know this building is not the
best looking building in the world. No offense.
DM: No be knows it
CS: Huh.
DM: You should have seen it when he took it over. He cleaned this all
SS: I could image.
DM: He cleaned it all up.
SS: But I come in six weeks later I come and people will drive down the thing they won't
even be able to find the building. They won't know where to [UI].
CS: They won't find it
DM: Yeah, yeah.
CS: Literally with without.
10
P264
SS: They won't know where they are.
CS: Without this thing won't know where they are
SS: They won't know where they are
DM: And that's when that's the other thing. When he took this building over, it was
dilapidated the guy that had it did minimal to it.
11
P265
-Exhibit 29-
Date of Recording: September 18, 2012
UF: Unknown Female
Abbreviations: [Ul] Unintelligible
UF: They have what they have.
DM: Then we get the dumpster back over here in your name and, and, just charge everybody.
CS:
UF:
DM:
CS:
UF:
CS:
That's all. ( background musk] And then we, and then we ain' t got no problems. And
you have, you don't have to depend on anybody.
[background noises.]
God bless you, darling.
Thanks. Urn, Stacy called.
Oh good.
[background noises]
Who's that? Who's Stacy?
Stacy, she got a doctor's.
Mhum.
UF: She wants to know who from here.
CS: It's not enough. Tell 'em that they're being made and I'll take care of it.
DM: It's gotta, it's gotta be dickhead. It's gotta be Mitch.
CS: Mitch? [pause] I wouldn't be surprised. We know iflast year or this year, Dave?
DM: [OV] Uhhhhh. Mmm.
P266
CS: [OV] This year.
OM: Last year, wasn't it?
CS: No. This year.
[background noises.]
CS: [Whispers.] [UI] man.
DM: Wait a minute.
CS: Waste Management. [pause and background noises]
OM: I tried calling my guy and he hasn't called me back yet.
CS: Who's that? I got a [UI] you gotta, you gotta check this out. It's soap. It's a soy lotion
DM: Somebody makes it?
CS: but it's a cream. Out of Pennsylvania. I mean, uh, South Carolina.
[background noises]
DM: Wow. It smells good.
CS: It's a cream.
[background noises]
CS: The one bill is 612. 1238.24 was the last balance. 1238 is the one that I didn't pay. I
paid 319 out of the six something.
OM: I thought we had it down to like 600.
CS: Nooo. I paid 453. They give, they're gonna give, they give me a credit for 234. That's
over the 600. But I still have a remaining, that's what the amount was that was in
collection.
OM: 1200?
CS: My pre - my remaining bill ts [pause.] 1238.24 is my remaining bill.
2
P267
DM: Jesus Christ!
CS: But that's not in collection. That's a bill that he just left there that he's not gonna put in
collection.
DM: He's not gonna put in collection?
CS: No, that was never gonna collect, what the arrangement so far, they're not gonna put in
collection. What he's gonna do with that is if ever I call in for a ...
DM: (OV] Dumpster?
CS: dumpster at this address [Pause.] either with my name or business name- my, my ...
DM: Right, right.
CS: [OV] ... my first name or his name. They'll see that I owe that much. But my problem
is if, ifl ever call them to, to do it and they see that much whoever is there now could put
it in collections.
DM: Right. Right.
CS: And then ...
DM: I follow you.
CS: you know this is like him taking the folder and saying ...
DM: Oh. Yeah, yeah. Right. Right.
CS: Or, work ...
CS: a work for, a work in, in progress file, don't interfere with it. But if I call and say,
"Hey!" And they'll punch in my number and say that's his code and code . ..
DM: [OV] See mine's, mine's ...
CS: and code.
OM: less than that. Mine's, I mean they've got me down for like 1100- but that's for three
months that they're charging me for that we didn't, uh, get picked up.
3
P268
CS: Yeah. 452.87 is what I paid them. And he gave me 234.24 as a, as a credit.
DM: Did you talk to him down there?
CS: I, that's where I was going just now when you called me. As I said I was, I was right in
the back. I was about to walk in the door.
DM: Damnit!
[pause and background noises]
DM: We've got to do something. He's gonna fuckin' this mother fucker hit.. ..
[phone ringing in background.]
CS: Yeah. But if Code Enforcement comes, they have to give me time.
DM: Yeah.
CS: Hold on. My mom.
[CS on phone] Hello. Yeah! Uh-huh. Uh-huh. Uhhhh.
DM: [SC] [DM on phone) Hey, Tony! How are you? [noises in background] Well,
pretty good. Are you, uh, are you local at all? Or no, are you home?
CS: [CS still on phone.] Uh-hum.
DM: [SC] [DM on phone] Urn, any chance I can come down and talk to you? Okay. I'll
be over there in about 15 minutes. Bye. [Beep.] [DM ends phone conversation.]
CS: (CS still on phone.) Where? At the school? Which gym? Penn Dutch Plaza. Yeah,
but why they won' t let him in? [background noises] No. 1 signed so that Brandon
could go to the gym. He has somebody else with him - that's why they won't let
Brandon. Well that's too bad, because I paid the membership for Adam and Brandon.
Let me call him. Okay. Yeah. [phone call ends.]
DM: {Chuckles.] I'm going down to [Ul] management right now. I'm gonna go ...
CS: He's there?
DM: that was Tony. He' s at his office.
4
P269
CS: Oh, okay, so .. .
DM: So I'm gonna go down there. Uh, if Code Enforcement comes, just say, urn, okay do
what you gotta do. Um, ask, ask who, uh, who, who, who, urn--
CS: Depending on who comes, they'll tell me.
DM: Yeah. And say that you, uh, you're having it worked out, but the dumpster was full of,
urn, scum and it stunk, and they're, re, they're gonna replace it with another one.
CS: Yeah. Urn. Yeah, urn, no, I got, I got them. I got, I'm not worried about them.
DM: And I'll go get this worked out today. I'll go work it out.
CS: [OV] Don't, don't bring up my name ...
DM: I, I'm not bringing you up.
CS: [OV] ... because, you know, you know, why.
DM: Yeah. I'll get...
CS: He, he did it for us.
DM: .[OV] Yeah, yeah.
CS: He's the same one.
DM: [OV] No, I'll get it ...
CS: Jknow.
DM: [OV] . .. I'm gonna get mine cleared up .. .
CS: Yeah.
DM: [OV] ... and then have it put back here. I might be able to get the fucker back today.
CS: Okay.
DM: Okay. I'll be back.
CS: Okay. Cool.
5
P270
-Exhibit 30-
Date ofRecord.ing: October 4, 2012
-:zt3o
Participants: CS: .Lutchman "ChrisH Singh
DM: David McClean
Abbreviations: [UI) Unintelligible
[PH] Phonetic
OM: What's up?
CS: Nothing. Freaking bums.
OM: What'd he say?
CS: (UI}. Ok there's two options. two ways you can do it. $25,000 for everything I was asking for with all them.
Done right, so that's total cost. I'm thinking I c.an do lighting and stuff. $17,000 the eMct bill out that we
described ro him. He's putting together everything else. We need to figure out like, because there is a certain,
there's a max. I think it's $40,000. No, $20,000 is going to get this in my size.
OM: Right.
CS: Unless we get them bigger, if we had a bigger building then you go bigger. But I don't have (UI), I don't qualify for
that. So, he needs to know what, up to how much I can put on it. Is anybody going ro verify that we put, you
know more, how much more can we really put that is gonna be reasonable? See what I want to do, what my goal is
I don't want to come out of pocket.
OM: Atall.
CS: At all. yeah.
OM: Right, right.
CS: So, bottom line is, he's ready to send me the estimate and two we' re kinda push for it because um, which a ma call it,
Monday is the meeting.
....
P271
DM: Yeah, yeah.
CS: CRA meeting is Monday.
DM: I think it's can-, I think it cancelled to the following one. For another week. I'm not sure, I forget, I got to call.
CS: Well when I looked up online, it says Monday.
DM: I know, I think they, they ...
CS: If they cancelled, that's good. That gives us time.
DM: Yeahum ... .
CS: Because if not then we have to get another one. If it's Monday. are we.l mean we can get it squeezed on the agenda
together right?
DM: Uh, I don't know. I don't know. let's see uh, let me call right now. I think they, they, they moved t ~ meeting.
CS: If they moved it then we're fucking golden. We have time. Can you put anything like (UI), put on it, but (lA).
[DM makes a phone call-Do you know when the next CRA meeting is? Yeah, yeah, let me ask Theresa. Hey Theresa.
did they move the CRA meeting? When is it? The 17th?]
DM: But we got to get in now, so I can get it on the agenda.
CS: Well this is it. That's why I need to know ..
DM: Alright so, I don't, I don't know how it works. Your guy would know. It's a matching grant.
CS: Yeah well, (UI), what you gave me,l have it. It's a matching grant. He can do the job for me for $17,000.
would be responsible for ...
DM: The other 17.
CS: No, buying my own LED's and all that stuff. No the whole job is 17,000.
DM: Right.
CS: So if we can, I mean he can put, he can, he's waiting, he has all the paper ready. He wants to send me the quote.
But I have to, obviously I have to givt>. him a 10% deposit Which I'm not worried with 10%. cause we get it back.
2
P272
The problem is, what does he put on the estimate? You see, do you think that it' s gonna, they gonna question why
it's so much?
OM: You need, you need to call Dennis and talk to him. Don't let me get involved in that part of it. And just talk to
him and say, you know um tell me how, how this works now. Because I don't want to be, I don't, I don't want to
over extend myself or something like that. Say do, does, does, do I have to lay all the money out at first and then
they reimburse me? How does this work?
CS: No, no they do that. I already checked that. I read from the paperwork. I read that, and I read it up online to make
sure. I don't want to go get something I can't afford.
OM: Right.
CS: I don't have to give this guy any money up front. He just wants 10% of the money up front from me to show
contractual agreement. And he's going to give me time to pay which is, once the job is done. City inspects.
OM: Right.
CS: Then they'll give me the grant.
OM: Right.
CS: So let's just again, the job is $17,000 and I put in the estimate, and say it's only 20, they gonna only give me 10.
OM: Right.
CS: In other words, if I say it's 20, they gonna give me 20. If I put in for 17, they only gonna give me half of that. They
only match whatever I spend.
OM: Right, so you need to put in, you need to put in um, 30.
CS: But then they'll only give me 15. I still gotta come up with 2.
OM: Ok.
CS: I can, he' ll, he'll put down anything. He' ll give me back whatever additional, but he'll keep 17. So iff put, that's
what I don't know. I could put in 30, I could put in 40. They'll give me 2.0 if I spend 2.0. So, at40 I have to
show, I have to give him $4,000 up front. No big deal. Then the remaining 13,000 he' ll keep and he' ll give me
back the rest.
OM: Right, right.
3
P273
CS: When he gets the check. Cause they'll issue the check, obviously they'll pass it through me to him. They'll give it
to me. No, they'll give it to me, they won't give it to him. Because I'm going to pay up front. They gonna give
me back half my money.
OM: Right. So what you need to do, what you need is, I would call Dennis, talk to him, and tell him that, you know,
you've got different urn things that you could do to the building, what is the maximum they'll give you. Or the
minimum they'll give you.
CS: Mmmhmm.
OM: For upgrades. You need to know.
CS: On the paperwork that we have it says 20,000 for my size.
OM: 20,000?
CS: They'll match up to 20,000.
OM: Ok.
CS: So if I say I spend 4 2,000. They'll give me half of that. They'll give me 21,000.
OM: Right.
CS: But 21,000 is half, so they'll give me 20.
OM: Right.
CS: If I say I spend 30,000, they only give me 15.
OM: Right.
CS: But if I say I spend 42, and they're seeing 42,000, gonna give me half of that up to 20 only. So instead of paying me
21, they give 20,000. So out of that 20,000 that's (UI). I mean I. ..
OM: just make sure he invoices everything correct though.
4
P274
CS: Well its, here's how it works. It's a contract. I don't think he has to detail invoice and he has to give me a contract.
legitimate contract cause (UI) where the guy did the fence for me. This is a contract showing, um, material, labor,
licensing. runners, you know like drawing. architectural fees, planning fees, shit like that.
OM: Right, right.
CS: That's how they're doing it. So, you know I don't, as long as I know what, Ben doesn't pull stuff like that.
OM: No.
CS: He just approves whatever, and he'll approve whatever we have.
OM: Right, right.
CS: I guess that, I mean does it matter, and I don't think that's (UI), we got to worry about Joe.
OM: No, I don't think we have to worry about any of them. Because it, it's legit.
CS: No, it is legit, I'm just saying is, how somebody is going to say oh what's he going to spend $40,000 there for.
OM: Whynot?
CS: I don't, I don't feel, I don't think that's going to be an issue. Especially right now when they see the back up.
OM: No, you own the property. You own the property. Why not?
CS: So I can do that and then um, 1 got great news for you. I got great, great news for you.
OM: What?
CS: No so then, afterwards um,you think, you think 42,000 is a good number for me to play with? Cause this way I'm
spending more than the max. So, there's no reason to say, oh this much is off for this fees and that fees. It's, half
of it is 21,000 and I'm up to 20,000 so (UI). If he charges me 17, that's everything, all the fees, we got $3,000 to play
with. We could split that up.
OM: No, I got you.
CS: Um, I got great, great, great news for you. So that's what I'm going to do. One thing at a time. I' m going to tell
him, I'm going call him and tell him put in 21. I mean 42,000. And I' m going to have to give him 10% deposit.
OM: Which is 4,000.
5
P275
CS: Forty-one, 4,200, which is no big deal. Because remember when I get the 20,000 I split, I just got to give him the
difference.
OM: Right.
CS: So I'm going to do that. That's one, that's clear. So we do that, I'm going to getthat from him probably, if I give
him sometime today, I'm going to get it tomorrow. Which means we have to turn that in Monday, Tuesday,
Wednesday so we can get in for the 16
1
h. Perfect, that's one. Ready for the great news?
OM: What?
CS: You're looking at a licensed motor vehicle repair shop owner.
OM: You got it finally? Everything's, from the City and everything?
CS: Yeah. Bro ..
OM: All done?
CS: She said, I mean ...
OM: Who'd you go to? Diane?
CS: Yeah. I don't know, I just walked in and she says uh, you going to the meeting tonight? And I, yeah. I just said, I
don't know, I just said yeah. She goes, oh ok_ we can see the license right? Yeah. I wasn't ...
OM: Yesterday?
CS: Yeah, I went in there with a contract, with a permit. Because l, I wanted to get it to, to find out if I needed anything
else from her before I go to Ben, to take it all to Ben, so that Ben would have for the meeting. So I just went along
and she goes you have the He-, you know, you know, the license. I said, yeah. So I don't (UI), yeah, yeah, yeah.
DM: So you got everything? You got your occupation license?
CS: Yeah.
DM: Good.
CS: It says uh, uh, motor vehicle repair automobile, or some shit like that.
6
P276
OM: Good, so you're good to go.
CS: Auto repair license, yeah.
OM: Fucking-a, after all these years. Fuck.
CS: So, I said I got to tell you cause I know you busted ass to make that happen.
OM: Oh jesus-Christ. Yeah I gotta go, you just reminded me I got to go get my extended hours card.
CS: Mmm. I'm gonna, I'm gonna call him and get that in there. Once we get it back we' ll get together and fill out
the paperwork.
OM: We gona get that, we gotta get it in ASAP if I'm going to get it on the next agenda. They're going to want copies and
everything.
CS: But that's what he's going to send me.
OM: Ok.
CS: He's going to send me the whole deal.
OM: Ok.
CS: Alii need, alii, all we have to do is, he's sending me the drawings and the uh, the contract, the agreement. (Ut) 1 give
the deposit.
OM: Ok.
CS: Urn, the contract, and then we just have to fill out, it asks for uh, a like, a brief narrative of what we're doing. Which
I'm sure you know how to word that however you word it.
OM: l'lltry.
CS: Yeah, we'll figure it out. We just need to fill out the form, the application. And then we'll take it in.
OM: Well you should ask him to try to word it for you so, contract words.
CS: I was just thinking, what we gonna put? Um ..
OM: New
7
P277
. .
CS: New fa-, that's it. New ~ d e and front f ~ d e upgrade or some shit.
OM: Ok.
CS: (UI). Better not be fucking (UI) . It better bring some people in here.
OM: It would.
CS: I think it would. People gonna wonder, hey it's a new place, new business, what' s going on.
OM: New place.
CS: The best. the best part about it, the best part about it is (UI).
OM: Yeah, if we c.ould make it work that way.
CS: Ohyeah.
OM: Alright, let me go get my (UI)
CS: Yep.
8
P278
-Exhibit 31-
Date of Recording: October 10, 2012
#a,
lime of Recording: 5:35pm
Type of Recording: audio (video malfunction)
Participants:
Abbreviations:
CS:
DM:
[UI]
[PH]
[SC]
[OV]
Lutchman "Chris'' Singh
David McLean
Unintelligible
Phonetic
Overlapping Voices
CS: Look at this place, a fucking mess. Sorry.
DM: Let me show you what we have.
CS: So I did these so you can. let' s put these on there. So just write them and 1'11 give two to,
I'm going to try to give one over to Ron and one for him. Like you know his name, so
him, we can put his name ...
DM: Who? Joe?
CS: Urn Joe, yeah. And the others, you don't have to put no name on it.
DM: He's, is he stil1 out there?
CS: No, he' s coming back here tomorrow again. I don't want to, I'm going to take it over to
the office. This is Joe's right?
DM: Yeah.
CS: I'm going to give him this with his bill. I have his bill. I'll j ust write, urn, we need, we
need your help, well I need your help, please, thank you Dave, you know, thanks Dave.
So we (UI) so personal. And I'm going to try to give one to my buddy over at
Shalama' s . The Roti shop.
DM: Yeah.
CS: Plus he has this big poster with your picture and signature stuff on it on his wall.
DM: Doesbe?
P279
CS: Yeah. He is some Caribbean in taste jn something and he has a picture of you shaking
his hand.
DM: Oh yeah, yeah, yeah, yeah.
CS: And he framed it big like this on his wall.
DM: Cool.
CS: So I'm going to him and say hey, that guy there .. .
DM: Anything he can help.
CS: I'll say that guy there says to drop this off. Uh, you want to hold a meeting here,
anything.
DM: Yeah.
CS: So I'm going to do that. Now, here's what we got. I have the; he said this, I got the
blank here so we can write up what, we just have to write a little ...
DM: Narrative.
CS: Yeah. You can press on that. I don't know what the fuck, how to word it. But listen,
before we write, let's not write yet, let's see what he says. Ok? (UI). He made up two
for me. When I read it, it says (pause) for properties at over 60 foot frontage, we get up
to 5,000 for architectural services, and up to 20,000 for construction. We can actually
get up to 25, I don't know how much it is architectural.
DM: Alright so this is uh ...
CS: This is what, this is what we're going to use. It says architectural on it.
DM: Ok.
CS: Is it architectural because now I ' m, I didn' t realize now we can get 25.
DM: Right here.
CS: 1250 So we' re only gonna get 625 out of that.
DM: Ok. So what you can get a ...
2
P280
CS: Well it equals 1250 there, then we only gonna get 625 out of that. Yeah, but this is the
true one. We don't, this is the one, this is what we have to give at the end of it all, 17-,
17,000.
DM: Alright so put that aside.
CS: This is ours right? And this is the one that he made for us showing 40,900. Maybe I
should tell him more now. Because look, look what this says here. For properties over
60 foot of frontage, which we have 100 right?
DM: Right.
CS: You get up to 5,000 for architectural services and up to 20,000 for construction.
Construction is anything else.
DM: Yeah.
CS: So, basically I need to get, we need to freaking fix this architectural thing so it doesn't,
it'll cut in and we just 40,000 that we have here, 40,009. In reality, how much of that is
construction?
DM: Yeah absolutely. Talk to him. See how fast he can do it.
CS: Let me see right now. My phone is a little dead, but urn I'm checking right now.
CS: (on phone call) Hey urn. how you doing man? I don't mean to bother you. hey first of all thanks for helping me
out with the two estimates. But here's what I need. I was just reading this and I don't know if you read it in depth,
right. [UI). It, it shows that I can get up to 20,000 construction. you saw that right? [UI). And I can get up to
5,000 for architectural services. But I'm looking at the, the you know the fake estimate you made up for me. And
uh, it shows that you put architectural service only 1250 Which means I'm only get 625 from the city for that
[UI]. You understand what I'm trying to say? [UI]. The numbers add, but it could be more now because if I,
remember if they gonna give up. they gonna match up to 20 for construction. Like I was trying to explain to you.
So if they. it's, that's just construction, has nothing to do with architectural. So if you give me, if you charge me 20-.
say you charge me 2,400 for constr-, for architectural services. [UI]. They'll match 1200 out of that. 12 and
12. Cause I can get up to 5,000. But I need it ne-, 1 need it like, is there anyway you can get it, I mean you have
that in your, you can email me that now? [UI]. If you can email, alii need you to do is change two numbers for
me. I want you to change architectural services to like, what do you say like 2400? We get 12 right? And then
change the urn, and then bump up the, somewhere on the construction. Bump up something else maybe, cause
they'll match my construction with 20 grand. [UI]. You follow what I'm saying? [UI]. But I need it, I kinda
need it now because uh, I spoke to the person over there and they said I have to get the application by a deadline.
The deadline really. they said its tomorrow, but if I get it in today, you know it looks better on my part so I can get on
the agenda. [UI]. Ok great, I understand. Because I don't have to hand them this, this estimate right now. I
just need to know it can be done. So you can do it? [Ul). Alright, so I'm gonna change, so I'm gonna work with,
3
P281
with 20, what do you say 20, I can do 28? Alright. I'm gonna do 2800 for engineer-, for architectural service fees,
you gonna, you gonna bump that up right? [UI]. And then you gonna fix my construction so my construction, my '
construction part alone, by itself, without architecture is anot her 42, so that way they see that I'm not going exact on a
number. They give me 20 and I'm spending 24, whatever. (UI]. Ok, ok, ok. Alright Steven, Steven thank you
very much. t I, I'm trying to fill out this t ~ and get it over there cause I have to get it over before 6 o'clock. [UI].
Thank you. No, I just want to make sure that that was good. I'm gonna take care of it. [UI}. Alright. [UI].
-Ok Steven, thank you. Bye bye.
CS: Alright.
OM: He's going to send it?
CS: Huh? Yeah he's gonna do it, he's gonna email it to me. I don't have to give it, we
don't have to give that to him now.
OM: Over there?
CS: No we, all we have to do is fill out, we just need to have numbers in our hand that we
know that we' re working with. So that's 28 and my construction is going to be 41-9, by
itself.
[ CS answers phone call]
CS: One second. Oh give me your key, I'm going to move your car.
CS: Alright, nice. So ifl do 41-9, so we're working with 41-9, 0-5 plus 2800, 47,705. Our
numberis 47,705. Should wenametheplace?
OM: What?
CS: The property, should we name it? It has no name, we can give it a name now. You
know like Margate Plaza somewhere.
DM: Ifyou want.
CS: But what do we call it? This our number we moving with, right? This way what all,
we're above all of the limitations.
DM: Right, right.
CS: Hold on, let me get the thing here, the phone's ringing. Where is James? (UQ, data
survey. The, the, the biggest thing is like a little description of what we doing too is
important. That's what r don't know what to say. How to word that part of it.
4
P282
DM: Is this the only copy you got?
CS: No, I have another one.
DM: Ok, so we' re gonna fill it out?
CS: Yeah.
DM: Alright, address is what?
CS: 230 I think right, 230 to 246? What do you put there?
DM: Well, you put 246.
CS: Yeah. So where do they come up with 4 year numbers? On this thing?
DM: Yeah, it should be. Current use ofproperty, office, retail right?
CS: Well you putting retail automotive or .. .
DM: No, just put retail. Don't go crazy.
CS: Right. Cause then everybody has too much to talk about. Where.would I find folio
number now?
DM: Should be, right here.
CS: (UI) here too.
DM: There's got to be folio number.
CS: What is folio?
DM: It's, it' s on your, it's on your urn, it's on your taxes. On your uh, property. No, don' t
you got a copy of your uh ...
CS: It's on the property taxes?
DM: Yeah. Ok, put that with that.
CS: Well we need this. You need one of these anyway.
DM: Ok.
5
P283
CS: Oh, here's a folio number, Dave.
DM: PD, SWAT shots fired, possible barricade, subject mentally unstable in an apartment
complex west of Rock Island Rd. Rock Island and north of Atlantic. West of Rock
Island and north of Atlantic, that' s in, uh the condos.
CS: Yeah.
DM: Jesus Christ.
CS: Folio number ...
DM: Where is it?
CS: . .. 1 think that says
DM: Yeah, 8-1-3-6-0-4-0-2-4-0. Ok you fill that out, you fill that out. Property owners
address ...
CS: Wouldn't that be right here?
DM: No, I think your home.
CS: Oh, 4075 . ..
DM:
CS: Banyan Trails Drive.
DM: Banyan, B-A .. .
CS:
DM: B-A .. .
CS: N-Y-A-N.
DM: Y .. .
CS:

DM: A-N, Banyan .. .
CS: Trails Drive.
6
P284
' DM: Trails Drive.
CS: My handwriting sucks, ifl write that, you'd never read it.
DM: Ok. Property owners phone number is . ..
CS: 954-448-4002. Oh you know what, put here creek. Coconut Creek, C-Creek.
DM: Creek, ok. What's the zip?
CS: 3-3-0-7-3.
DM: 3-3-0-7-3. Ok and anticipated cost of all improvements on site?
CS: 40, what did we say? 40, how much?
OM: 47,705?
CS: Yeah, that's what it's going to be.
OM: 47,705?
CS: Mmhmm.
DM: Ok so, 47,705.
CS: 20 and ...
DM: Five.
CS: Fourteen, no because they gonna go up to 5,000 for architectural. Where's that estimate
again?
OM: Right here.
CS: No, the estimate we just had, the one that we're going to use. So we going to go 28 is
what is, so half of 28 is what we asking them for, right? 1400 for architectural and the
full amount for construction cause construction is going to be 41,905. So, 1400 and
20,000, so 21,400.
OM: 21 ,000 you' re asking for?
CS: 21-4.
7
P285
DM: Aren't you, aren't you allowed 25?
CS: We're allowed up to 25, so we need to go up to 25,000, yeah.
DM: Yeah.
CS: Anticipated amount to be requested by .. ..
DM: 25,000.
CS: Right. And if we get 25 we're fucking 17,000. That gives us, 17, 18, 19, 20, 25, that
gives us eight grand.
DM: Ok, if property owner has frontage of more than ... , ok so you got that. The site plan you
got, right?
CS: Here, here's that. First, let me put this in your hand so we don't mix shit up.
DM: Ok, we need color pictures.
CS: Ok, we'll take the colored picture, we can hand that in afterwards if we give them this
now.
DM: A legal description of the property. A legal description which is, I believe, urn ...
CS: One of these? The other one that I had?
DM: I think, yeah.
(UM comes in to talk to CS)
DM: He just sold it? He just sold it?
CS: Yeah.
DM: Wow.
CS: I need to find out how he sold it because that's how we make money. Urn, a legal
description. Isn't what legal description um, this a legal description. The top page legal
description.
DM: Ok, then we got that.
8
P286
CS: And the other one is a site survey. Yeah we have that. See you have that.
DM: Ok, go ahead. Want to talk to him?
CS: No, no he's hanging out. He was just going to leave.
[DM takes telephone call from Mike. Can you fax them over to me?]
[CS talks to UM(s) in shop]
OM: So we got that. A short narrative describing the improvements that the owner would like to undertake. The
narrative will not in any way bind the owner to specific improvements.
CS: Right, that's means like, you have to kind of, how do you have to word to them . ..
OM: I know I wish, I wish the builder would word it. He could word it.
CS: I have a blank sheet for that.
OM: I think there's one right here.
CS: Yeah I have a few. I, I can type, I can retype it if you want.
retype it.
OM: No, you can't use my writing.
If you write it neat then we don't have to freaking
CS: Oh yeah, yeah, yeah ok so I'm gonna uh type, I could type all that back.
OM: Yeah, yeah all this you got to type.
CS: Weill could, all my, that's what's cool about the fax on my computer. I load in my fax and I can type it.
OM: Oh ok. Alright so the owner, property owner is you, you can put your name.
CS: Yeah.
OM: Name of the property or center. If you want to name it, name it.
CS: But what are we naming it? That's the thing.
OM: Autotronics Center. Or name it whatever you want.
CS: Ah, I'll leave no name.
9
P287
OM: Urn ok, that'll do for number 4 and number 5, the property is not represented by an individual. You' re going to
represent it.
CS: Yeah so we don' t need to answer that.
OM: So that's good.
CS: That's an X right?
OM: All required tax must accompany the application forms.
CS: I'm going to print two color pictures for you for you so you have it tomorrow.
OM: I hereby submit this form, ok and yeah you' re going to sign it you and you. So the only thing we got to come up
with is this letter now. That ..
CS: If you wrote it I can type it up tonight.
OM: You we' re going urn, the uh, the improvements at what's this address?
CS: 246.
OM: 2-4-6 Nonh State Road 7 Margate, Florida 33063. Urn, the improvements of (lA) will include or what's this?
CS: I mean how, how do you, how do you say like you're going to put in words. You want to say urn, how do you say,
basically I want to say you know like how those other buildings just .
OM: You want to uh, the improvements at such and such address will be a fascia of ..
CS: A fascia re-simulating the look ofa two story building.
OM: Yeah.
CS: A simulate, no, similar like uh .
OM: Is he going to give us a rendering? He has to give us a rendering.
CS: Yeah, he's giving us a rendering. He's doing it.
OM: Ok.
10
P288
CS: That's just taking a little bit longer because he's doing architecturally. You know like on the, to scale.
OM: See I, I don't know if, if we should say it's going to look like a two story building. Cause there no other two story
buildings along here. . They may not, they want you to look kinda like. The improvements at this such address
urn, will include a new a new urn stucco ..
CS: To look. to look like the currently improved structures.
DM: Hold on, stucco hold on, let me see what he's, what he's doing. Didn't I see stucco somewhere?
CS: That's the, yeah there both the same, this is just the one that we . .
OM: Yeah but I don't see it Uhwell .
CS: Redesign and restructure front building
DM: Yeah, okyeah. Improvements will, will be, will be . .
CS: Yeah cause I'm going to type it out.
OM: Will be redesigned and restructured front building Um, we would like to change from an angled, where is
it? Angled mansard roof to the more modern look of a straight up mansard. Right?
CS: Yeah.
OM: Uh, urn mansard consisting of . . .
CS: Consisting of . ..
OM: Consisting of uh, um, we're uh. were docs he put, oh here it is. Consisting of stucco, where you see it? Right here.
Stucco, stucco finish.
[OM takes a telephone call-Hello, hello. Hey what's up?]
OM: Urn, to (UI) a more modern look of a stucco up, upright ...
CS: Upright urn, yeah (lA).
OM: So we have stucco finish. (lA). Alright so the, the improvements at 246 North State Road 7 Margate, Florida
33063 will be, will be redesign and restructure, restructure front, front building.
11
P289
CS: Uh huh.
OM: Front building a ~ a d e
CS: Right.
OM: We would like a change from angled mansard roof to the more modern look of a straight upright mansard
consisting of stucco finish and foam trim design by architects.
CS: Mmhmm.
DM: Um, the colors, with neutral colors ...
CS: Right.
DM: To match design. How do you spell neutral? N-e-a-u ...
CS: n-e-u-tr-a-1, neutral.
DM: Neutral will, with neutral ...
CS: Colors.
DM: Colors to match structure.
CS: Right.
DM: Urn, uh what do you, should we put urn, um that's it. Then we're going to have the
design.
CS: Yeah, we just want to sound simple.
DM: Yeah.
CS: Urn, should we put what our cost is in this? In this letter too?
'
DM: I don't know. It doesn' t say to. You're going to hand this with what approximate it is,
no?
CS: Yeah.
DM: And then we're gonna hand, then we're gonna hand them the uh ...
12
P290
CS: So when I type it all out I'm not going to put no price on the list fees?
DM: No. We're just filling out the application and then you're going to come back with this
and the design.
CS: So let me see. Alright.
DM: This is what it's saying. A short narrative describing the improvements that the owner
would like to undertake. Which, do you want to add landscaping in there?
CS: No, that's a different urn ...
DM: Ok,ok.
CS: Grant. What I'm saying is that's a different application now isn't it?
DM: Yeah, this narrative will not in any way bind the owner to specific improvements. Ok
that's perfect, we gave you a narrative, a small narrative.
CS: Yeah.
DM: So we did that. And then the only thing you gotta do is we got to make copies, take
pictures.
CS: Ok so you remember how much we look at it? It's not on that. He has here, overhead
5%, there's the true, there's the real deal, right?
DM: Yep.
CS: 5% overhead, 5% profit, so he's adding overhead and a profit 5%, that's to give him a
give or take.
DM: In case, yeah.
CS: So which means we still have about $15-$1600. So this mean (UI).
DM: So he's got, he's got room to play.
CS: Yeah, I mean I get out, so if he agrees to take the money up front, instead of 15,000. If
we turn around and give him 25, that's 10,000 to play with. You know what I mean?
DM: Yeah, that would work. It's going to make the place look great.
CS: Because yeah, if they give us 25 grand, 15. So we're going to turn in .. .
13
P291
DM: This is, I mean as you're wording it, you may come up with different words. So .. .
CS: That's what, that's what I'm afraid of wording it wrong.
DM: But that's ok, no, no you're fine.
CS: We have to give this, because ...
DM: Tomorrow.
CS: He said we have to get things there Thursday. And we'll, and he will put it on the next
agenda.
DM: Ok. Ok you gotta do it.
CS: Yeah. I guess you have to go hand it to him directly because if I give it to ...
DM: Yeah I will.
CS: (UI) you know what's going to happen.
DM: Yeah. Ok.
CS: They not, they gonna tell me I'm too late, I got to come back. That's yours, don't forget
that bank statement.
DM: Ok. That's that.
CS: So this is everything I have. I'm not going to mix this shit up.
DM: Alright, get that done.
CS: Oh I'm going to it now, I'm going to take pictures with my camera and print on the
computer color pictures. You want some of this?
DM: No, no, the Asian guy, you didn't say goodbye.
CS: Oh I'm going to, I'm going to.
DM: He's probably outofhere.
CS: Huh? Oh I don't know. Alright
DM: Alright, so you got that done. Urn, Bobba-Lou left.
14
P292
...
CS: Alright so I'm going to get everything and you're here in the morning before you go there
or you going there first?
DM: No, I'm going to come here first.
CS: Right, I'm going to have it ready.
DM: Yeah.
CS: I'll have it ready, I'm going to be here early anyways.
DM: Jfi were you, I'd get pictures of what you had before.
CS: I have one of those to show. I have a picture before with the blue roof, before I did this.
I have one of those. I'm going to photocopy that. And then I'm going to fresh pictures
of outside now. You know I'm going to do like this end and that end. Kind of, I won't
show this. Just (VI).
DM: Can you photoshop that thing or no? Can you photoshop it now?
CS: Which one?
DM: If you take pictures of this, cause I'm telling you right now, what they did urn, you know
where Coconut Creek and 441 is where that pawn shop?
CS: Yeah.
DM: Right there. When he, when he remodeled that building they made him take all the shit
off the windows.
CS: Oh yeah, I can clean it.
DM: So they may say ok, we'll give you the fa9ade, but we want you to take all that fucking
shit off. You're allowed only a certain amount per window.
CS: Oh, I thought they were letting go on all that.
DM: They, they changed some of it. But if you, can you photoshop this off right now?
CS: Yeah.
DM: Do that; photoshop it off.
CS: I could have somebody do it. Or, or how about ifl take a picture and I take a picture of
the top cause I'm, ifl can't photoshop it, I'll take a new picture just showing the top.
15
P293
And say well we thought that's what they wanted to see what we're working on. Just act
stupid and t h ~ then we'll bring it in afterwards. Because he just needs you to have the
fax in hand Thursday, tomorrow. And Monday morning I'll have it. If I can't do it, I'll
go to somebody and have them do it.
DM: You know what though, take a picture of it. Fuck it. Just take a picture of it.
CS: What's the big deal, you know? If we get the go ahead, I don't mind taken that off.
DM: If we gotta make, redesign it, then you design it so it looks classy.
CS: Not only that, it's not like we have to buy it.
DM: Yeah, yeah. We're going to do it right.
CS: Yeah, fuck it. Thanks Dave.
DM: Alright buddy. No problem.
16
..
P294
-Exhibit 32-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
October 11,2012
12:57 pm
audio
CS:
DM:
R:
[UIJ
[PH]
[SC]
[OV]
David McLean
Rita
Unintelligible
Phonetic
Overlapping Voices
CS: Those are bigger. Same like in the front. Yeah, yeah. Oh yeah, we'd only gotten two of
the good ones, that's right. Two of the correct ones 'cause the back one didn't matter.
Yeah, that's what we have, we have, we have the right thing. How, how does the, when
she put in the application to Dennis.
DM: Yeah.
CS: He, he, he in charge of the CRA now.
DM: Well no. He's the assistant. It's, City Manager is in charge. [Ul]
CS: The City Manager.
DM: Yeah, he's the director.
CS: Give me a fucking break.
DM: It still all comes down, boils down to us. So he cannot just say "no, we're not putting on
there".
CS: Oh, okay, okay, okay, okay. cause obviously I'm not his favorite person.
DM: Yeah, fuck him. rm not his fa\oritc person. Right now he's giving me the cold
shoulder.
CS: We did everything they want us to do.
DM: No it's not even that, it' s just in general because the elections are a few weeks away so
like, ch, you know, evel)thing's kinda like low key right now. lfJ ask something, for
P295
something done, it seems like it's just fucking not getting done.
CS: But who has the, so this is, this is commission has the vote so it doesn' t matter if he says
yes or no?
OM: Right. It, we need three votes. It'd be Joe, Pam and Talerico.
CS: Those our people?
DM: Yeah.
CS: Alright as long as we have, it doesn't matter, so if Peer (OV] -
OM: Park, park over here [UI]
CS: Yeah, yeah, yeah. IfPeerman says no, that doesn' t matter.
OM: Right.
CS: Three people say yes.
DM: And she shouldn't.
CS: I mean, well, as far I'm concerned if she does or she doesn' t we have ...
DM: Right. [noise and car door slams] Anything to better the city, they, she should say yes.
But she's fucking against me. She's a (UI).
CS: [mumbles]
DM: And now the guy that's running against me, she put a sign in his front yard- In her front
yard.
CS: His sign in her front yard?
OM: Yeah.
CS: That's bull crap.
OM: Yeah [aside] Hey howareya?
CS: I think they should have some kind of guide lines, you know why? You can't, one if
one person is running they can't get involved.
DM: [aside] Hi
P296
CS: I think they should some kinda, at least a guide line, you know what, if you're running
you can't [OV]
DM: Well, like the union chief, the chief even says ah, he suggests that police don't get
involved. That you're better off not getting involved.
CS: Yeah. Well it, it, it shouldn't. It's, it's not fair, it shouldn't.
DM: You know they don't live in Margate, a lot of them. Here [rustling sound] give this to
them 'cause then they'll say I did it. [rustling noise]
CS: Application, letter, [UI due to rustling noise] [whisper].
DM: Rita, we caught you before lunch? Rita this is Chris ...
R: Hi.
DM: He's from Autotronics, my center.
R: How are you doing?
CS: How you doing?
R: Good Chris, how are you?
DM: This is Rita.
CS: Pleasure to meet you.
R: How can I help you? Oh, you brought the information.
DM: [Simultaneously with CS] Yes.
R: Great, okay.
CS: I wanna [OV]
DM: And when do we put the landscaping one in, wait and see if that one gets approved?
R: I think it could be done at the same time.
DM: Okay we, we' ll get that one next. You got the, ca- ah, application for it.
3
P297
R: Okay, so let's see . ..
CS: Yeah. I should take another one just in case, right?
DM: Okay.
R: Urn ... permits have bah, bah, bah ... urn, what is your name? 'Cause it's ...
CS: Oh, put yeah, put in on here.
R: Is it on here?
CS: But we can print it again.
R: Oh, there it is okay, alright so let me just see ... okay, the answer [UI] together. This is
the current, right?
CS: Yeah that's taken today- just now.
R: And now this is what?
CS: That's the survey and the site plan. [rustling sound)
DM: Now the architect stuff, he's gotta, he's gonna bring that in- the architect is drawing it up
right now. So Dennis said get this in so we can get it rolling.
R: Well, he wants to change the mansard roofto a modern [UI]. Oh, so he's changing the
very front.
CS: Yeah, that's why I gave you a close up of the roof ...
R: Gotcha.
CS: and the front area.
R: So you don't have a drawing of what it's going to look like though?
DM: Notyet.
R: Okay.
DM: He' s gonna, he's gonna submit that ah, you know within the next couple by Monday.
4
P298
R: Oh, okay.
DM: But we wanted to get that in now so he could get it on the agenda.
CS: Because when is, when is the urn ...
R: Well it .. .
DM: Go ahead. I'm sony.
R: the meeting is scheduled for Tuesday ....
CS: Um, hum.
R: at seven, urn, there' s a chance that that meeting may be cancelled and then we, we'd
move it, the next meeting is scheduled for November so it'd be a couple weeks.
UM: Oh, so they might not have it on Tuesday.
R: Right. I won't know. I'll know that by the end of today.
CS: Oh, okay.
R: So let me see . . .I have a contact number, right?
CS: Yes.
R: Okay and how do you say your last name Singe?
CS: Singh, Lutchman Singh.
R: Singh, drop the h?
CS: Yeah, yeah.
R: Okay.
CS: Urn, okay so we' ll know how much of urgency we'll have for the rendition right?
DM: Yeah.
CS: If we, if we, is there any way we can get a phone call or something today to know if it's
5
P299
going to be on Tuesday or not?
R: I'll know, I'll know by the end of today.
CS: That's fine.
DM: That way she he can let architect know that he doesn't have to rush.
CS: "Hey don't, don't kill yourself, we ... "
R: Yep, we'll call you later.
CS: Thank you.
DM: Alright Rita. We'll see you later; enjoy your weekend.
R: Oh thank you, you too.
[background noise]
6
P300
-Exhibit 33-
Date of Recording:
Time of Recording:
Type ofRecording:
Participants:
Abbreviations:
[UI Conversation]
CS: J spoke to Rita.
OM: Rita, ok.
-#
October31,2012 33
12:17pm
audio
DM: David McClean
CS: Lutchman chris" Singh
[UI]
[PH]
[SC]
[OV]
Unintelligible
Phonetic
Overlapping Voices
CS: Urn, she said you have to [UJ] once you get a, she said that you have to pay [Ul] a, [UIJ.
She goes, you know half of 47-5 is not 25,000. I'm like, oh yeah, yeah, yeah. She goes,
so you have to urn, if you' re saying 25,000 obviously you have to show 50,000 and show
that 20,000 is construction, 5,000 is urn architectural. So I said ok, I says urn, I says I
might have worked the numbers wrong or something, 1 don' t know. I was just looking at
the estimates and that the contractor gave me. She goes, no problem. And I just have to
give her two things, urn 1 have to change the letter with the address. She says, no big
deal, we have the letter. Just have to change it from 246 to 236 because on Broward
County, whatever, it shows here as 236.
OM: Ohok.
CS: So and that' s the only thing that has to be changed.
DM: Alright so just do that and get it over there right away.
CS: Yeah, I just, I just walked in.
DM: Cause we got a meeting tomorrow.
CS: Yeah she said uh, everything is all set. Because she has it, J'm already on. It's just I
need to change that to what she handed, hands it in tomorrow evening.
DM: Right.
P301
CS: When she has it on her hand, tomorrow it must show 236. So, I was curious now what to
do with the uh ...
DM: Estimate.
CS: Estimate. Because she (OVJ.
DM: I, I don't know. Change it around. Get, get the old ones back though.
CS: She doesn't, I didn't give her any.
DM: Oh.
CS: We didn't have to give it to her, we just had to write the number down.
DM: Oh, ok. Alright Pop, I'll see ya.
CS: We just had to write a number down.
DM: On that application?
CS: That's what we did. We put the amount on the application. We didn't have to give her
the estimate. I mean, it didn't say to give that.
CS: It just asked, estimated cost ofuh, of renovations, urn requested amount or whatever it is
off the grant.
DM: Well urn, so you just gotta go change that now too? You gonna change the estimate? I
mean change the urn, the number.
CS: That's what I was thinking, maybe. Should we just do that?
DM: Yeah, but go over there and make sure she didn't urn, print 'em out.
CS: She didn't print out.
DM: So it might, it might just fix, am I giving you a new one or you got the old one? Or what
do I, what am I doing? I made a mistake, what do I do?
CS: Right. So if she says, if she has any printout we can't do nothing. Cause we don't
2
P302
wanna get fucking ....
DM: Right, right
CS: you know question, people question us. But if she says, no you can give me whatever .. .
DM: Yeah.
CS: Then we just have to show ...
DM: But don't wait for the last minute, because she needs . . .
CS: I'm going now.
DM: She has to get it all done.
CS: I just wanted to find out what's good, how it works. What. what it sounds like, what
she's telling me doesn't look like anybody has any infonnation. It looks like she just has
everything right there waiting.
DM: Yeah, go there and get it as soon as you can. Because uh, sometimes they like to give it
a day before the meeting. To give them to read it.
CS: Well she called me this morning so we [UI]. So I guess if she didn't turn it in we' II just
change it, we change it?
DM: Yeah.
CS: Fuck yeah. Alright so I'm gonna go, I'm gonna, [UI].
DM: Alright.
3
P303
-Exhibit 34-
Date of Recording:
*,_1/
November 1, 2012 ..;;JT
Time of Recordeng: 6:08pm; 6:18pm
Type of Recording: audio/video
Participants: CS: lutchman #Chris" Singh
OM: David Mclean
Abbreviations: (UI] Unintt'lligible
[PH] Phonetic
[OV} OverlappingVoices
CS: He don't care.
DM: Yeah.
CS: Anyway I think she probably would have given me a hard time.
DM: Oh I'm so glad she wasn't there. That's why we're trying to hurry up and get to, Twas
trying to get to your item. Come on, let's go, let's go, let's go. Because they said she was
coming in late.
CS: Yeah.
DM: So I, I'm looking at the numbers, look two, I can't vote, so it passes.
CS: Yeah.
DM: So I'm looking at you going like this. That's before dickhead got there.
CS: Uh Mitch, I didn't, I'm walk, I'll tell you he caught me off guard. He was like hey, almost
like he knows me. Urn, ok.
CS: Cause (Ul), you just greet, greet people all the time. And, uh Joe, what he didn't know
what we was doing?
DM: Yes!
CS: Oh.
P304
DM: He just likes to fucking grandstand.
CS: Ahman.
DM: And I wish he wouldn't of put my fucking tiki bar on the record. That's the fucking thing,
he did. Is it going to do anything to hurt the tiki? Don't even fucking bring it up.
CS: [laughing] Oh God.
DM: I look at the City Manager, the City Manager looks at me. I look at Gene, Gene rolls his
eyes because we just want it to go through. Shut the fuck up.
CS: Get it done.
DM: Yeah. Cause Gene goes, you are going to abstain right? I said, yeah of course. I have to
right? He said, yeah. So when they, when uh Frank is the chairman of the board, he can't
second it. He can't second it. So I can't make a motion to approve because I have to
abstain. So I had to take the gavel from him and I ran the meeting.
CS: Ah, you ran the meeting. Oh.
DM: That's why I took the gavel from him so he seconded it. I ~ e a motion and the two of
them did it.
CS: Ah ok, ok, ok.
DM: See that? Yeah.
CS: Ok so then it would've been Joe and then Lee.
DM: Yeah. It would've been, it would've been a fucking mess. Cause if they would've, if it
would've beenuh, well no even if it was 2-2 it still would've, I have to abstain and if she
voted no, it still would've passed.
CS: Cause we would've had Joe ...
DM: Joe and Talerico. We would've had Joe and Frank.
CS: Cause you took, you took over anyways.
DM: Right.
CS: Right, right, right.
DM: So that went real well, that went real well. So how soon can we get, started, start?
P30S
CS: Yesterday.
DM: Uhuh?
CS: I'm ready to start. No, now that they say that because how does it work from here? They
have to send me ...
DM: I don't know.
CS: They send me something, I guess they'll send me certified mail saying it's been approved,
this, that.
DM: You just got to talk to Dennis.
CS: I'll talk to him tomorrow.
DM: Talk to Dennis. As long as it's approved, he don't give a fuck.
CS: Yeah.
DM: If it's approved, we can run with it.
CS: (UI) I gotta go to the bank and get some money out of this CD tomorrow. Yeah because
the way it looks it's, if its, from what he have that is 54,000. They gonna match up to five
for architecture and up to 20 for const:ruction. So I have $11,000 in architecture and
40-43,000 in construction. So, half is more than 20 and half is more than five. So we'll get
the 20 and the five for 25.
DM: Well in the meantime, let me ask you ...
CS: I can get the whole thing, yeah ....
DM: Urn, are' you, are you friendly with the owners here or the property manager?
CS: Yeah.
DM: Why don't we talk to them and see if we can fucking have the whole thing seal-coated.
CS: We'l1 do that afterwards because we're going to have the trucks and stuff here.
DM: Yeah.
CS: After the fact.
3
P306
DM: But we should start it now and get 'em moving on it. Say listen, you know on such and
such date.
CS: So we got to do a big grand opening, cause you never did a grand opening did you?
DM: No,no.
CS: So were allowed. We're all allowed grand openings.
DM: Yeah.
CS: I have a new license, I have a grand opening, you have a grand opening.
DM: Yeah.
CS: He has a grand opening.
DM: It could be one big blowout.
CS: No, I'm saying we could all do one.
DM: The city after, after this election, we, we've held off for the last year and half cause the
economy's been bad. But al1 the shopping centers that uh, that are looking like this and
need to be striped, they're going to start enforcing it.
CS: It should be, yeah.
DM: It makes everything looks clean.
CS: We want to. Even the gas stations. Urn, wachamcallit. ..
----------------------------------------------------------------------,..------------------------------...... ---------...... --
6:18pm
CS: All we have to do really do is get the ok from the city of Margate to make that parking
space.
DM: Yeah. No, not even the city of the Margate, the state. Just fill an application, say were
closing the entrance.
CS: Wasn't you doing that? I, we got to get another copy cause (UJ).
DM: Yeah.
4
P307
.. ..
CS: I'm gonna, you think I should uh ...
DM: Wait watch that, watch that car.
CS: Watch that limo next to you. The Ferrari? The black Ferrari. Hey should I, you think I
should, I should give Joe something?
DM: Who? Joe?
CS: Yeah.
DM: It's up to you.
CS: Honestly I just want, you gotta remember it's $10,000 that I, it's spare money. That's how
I look at it.
DM: Well it's up to you. And if you do it, you do it without anybody knowing nothing.
CS: Oh no, no, no, I was just making sure that I'm like hey ...
DM: What you do is uh, work on, open the car door, throw it on the floor and .. .
CS: I'll just shake his hand, tell him hey, remember thank you, you've done a lot.
DM: Yeah.
CS: And this is his last year, he's out anyways.
DM: Yeah, yeah.
CS: You know we can take care of him. Hey, you've done so much already, hold on to this.
DM: Yeah, whatever you think you can do, that's all.
CS: I can do that. I'm gonna go, I'm gonna go get it tomorrow then um, I'm gonna try to get ...
5
P308
-Exhibit 35-
Date of Recording:
Time of Recording:
Type of Recording:
Participants:
Abbreviations:
#-
November 2, 2012 3 S"
4:37pm; 4:47pm; 6:03pm
audio/video
DM:
CS:
UM:
UF:
[UI]
[PH]
[SC]
[OV]
David McLean
Unknown Male
Unknown Female
Unintelligible
Phonetic
Overlapping Voices
CS: It's around the time, I hate moving around this time ofthc day man. So, there's no way
that they can tum around and say no anymore. Now I was dumb. Whether they like me,
they don't like me ... [SC]
DM: No, no, no, you're right, no you' re, no already approved.
CS: Once .. . [SC)
DM: Now, now they, they .. . oh look at these cute girls. Fucking dumb asses. Urn, now all you
have to do is just make sure that the architect part is you know,
CS: Is what they, what they, one, and anyways once I get the permit, once this part is
approved, basically once I go through everything that they approve and they ok, there's no
turning around now.
DM: No, no.
CS: Cause they can't change nothing.
DM: No. No.
CS: I have to provide proof of payment. That's why I took out the money to pay this guy. To
show .. .
DM: Yeah,
CS: and rm talking that way. l'm letting them know, listen. when 1 get the money, l'll give
P309
you the other half. You know?
CS: I'm gonna give you, I'm gonna come and that's why I didn't take out so much money. I
figured I'd take like, cause we need, I'm gonna take money from them,
'
DM: You have to show ...
CS: Yeah, I want to show him some money. So I'm gonna give them, like you said, I'm
gonna give them like 25, or $3,000 up front,
DM: Ok,
CS: And tell them, listen if you get done for 15,000, I give you the other 4500 when you start
the job, and the other 7500, as soon as you finish, it'll take me a couple days, I'll get you
a check from the city.
DM: Yeah.
CS: And I'll give them the difference. And when I get a check from the city, I could put back
my 15,000. Gives them 75 and 1 still have 25 . .. that'd be like part of my share.
DM: Right. But you shouldn't put it right back right away. You should keep it in your safe. Or
wherever you keep it. Keep it awhile. D o n ~ t don't let them track it so quick. They, you
know, you never know.
CS: Well, isn't, isn't it that, that the deal is I have to pay half and they pay ...
DM: Half.
CS: I have to pay full and they pay, they reimburse me half.
DM: Yeah, right. So then you could, then you could ... [SC]
CS: Yeah, I could put it away cause .... [SC]
DM: Right, ok ...
CS: they're reimbursing me half.
DM: Right, right.
2
P310
CS: That's what I'm, that's why I said I would put it back.
DM: Ok.
CS: That's why Itook out 15 now,
DM: So you could put it back.
CS: But I have to take out more. That's why you were saying why I take out so much, I have,
I have to take out more then I [SC]
CS: To show them I'm taking all the money to pay.
DM: Taking it out.
CS: Yeah.
DM: Yeah, that makes sense. That makes sense.
CS: Yeah, that's why I make sure that, because if not, I'm, I'm not gonna go through whole
that project, I don' t want any, and you know it's not like I need to do it,
DM: Yeah, right. Exactly.
CS: It's, it's nice I mean to do it.
DM: No, but if we can get the money, and that, and the next one is the landscaping.
CS: What, what, what was that uh, how, they had, there was nobody there for that meeting,
DM: No.
CS: Nobody don't come in?
DM: No, they do. That, not a lot though. But that was a special meeting. We, cause we had to,
we were re ... refinancing our bonds, that we have to make, so we, we were gonna,
we' re gonna save by the end of the, and the end of the bond, we're gonna save a million
and a half dollars.
CS: Oh, that' s why they did the meeting.
3
P31l
DM: Yeah, and we had to get it done now. And we couldn't wait. So that's why we had a
meeting, and since we had other things that we could put on, that's why we got you on
there and stuff.
CS: Oh, oh yeah. And I walked and I looked at friggin' wn Steinfield and like oh shit, I'm
fucked.
DM: No he was fine.
CS: Yeah,
DM: he was fine.
CS: No, he didn't say nothing I know, but that, you know just knowing that I know he doesn' t
like me,
4:47 prn
CS: Yeah. It's nice. We got, I gave, I got, I'm just calculating, ifl get doWn to, ifi can get him
down to fifteen, we have ten right now, according to his estimates, we only have
eight.
DM: Right.
CS: Eight, four, four .. .
DM: And now that you have to make that change now, he's gonna charge you more.
CS: No. No, no, no, no, no. Because that piece of change is foam.
DM: Ok. (SC] [UI] structural?
CS: (Ul]. No. It's going to show as part of the finish. I mean it's gonna have you know, uh
plywood. With the same frame, just extended you know, two foot in the_ middle, uh a foot
and a halfway off, and six inches to the end,
DM: Right, right.
CS: So it's gonna, it' s not like it' s anything crazy. All we can do is, I know what you' re
saying about the other building, but we're gonna keep it separate.
4
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DM: Ok.
CS: And what I was thinking is, we come off, see like this here, it come up like an "emm", go
up like that, come up you know like .. .
DM: Yeah, yeah,
CS: Like trying, like, like the what is, like the Metro PCS place across the street.
DM: Yeah, yeah, yeah, yeah, yeah.
CS: So it's just a straight piece, and it's going to be foam molding on it. It's glued on. That's
how they do the houses now. Let me uh, no, I remember, all the truss, the truss and all
that stuff that he showed me, the num .... the set of numbers, how much money it is to get
those things made, I'm gonna, after doing the fence, I bought all the tools.
CS: Pressure treated two by fours, so 1 can make the trusses.
DM: You can make the trusses.
CS: I'm like yeah ok, is that what you're charging me for it; which is 20% mark up, so take
20% off of that as your profit, and deduct the rest. Deduct 80% of the truss money. And
I' lJ buy them until I make it and give it to you. Literally like that. So, that's one of the,
the ways I know, I know we can save the money.
OM: And he's, you think he'll be willing to do that?
CS: Oh he will. He will. Because he even asked me if 1 had anybody to do them, that I had
anybody that wanted to do the foam.
DM: Separate ...
CS: The foam.
DM: Oh ok.
CS: Because I mis said that thing. He said he had a lot of people that you know, do a lot of big
jobs.
DM: Well who did your foam? Who did your foam out back?
CS: Fernando, a Spanish customer. A guy, a customer.
5
P313
DM: Did you know him?
CS: Yeah. That's why, that's why I said that.
DM: Ok.
CS: Telling me and all that. I have somebody to do it. So if he's putting that amount of
money in it, obviously he has a 20% mark up, so 80% of that money, if I get it for
anything less, that's money we save too. We'll see. I'll, I'll try him on and see. I mean
it's either he does, he works or he doesn't work. But the truss is one thing I'm not, I'm
not paying somebody to cut two by four for me.
DM: Yeah.
CS: And I'll tell him like it is, I'll say you know, you want to hire people, hire me. Did we
pass it?
DM: Nope, it's coming up.
CS: Oh. Twenty eight, yeah. So I'm gonna, I'm gonna, after he gives me the final, oh you're
on the phone?
DM: No, I just make sure I, you sure it wasn't forme? Taking out of that envelope? Taking out
of that envelope?
CS: That thing is voice activated?
DM: Yeah, you don't have that?
CS: I do. But it never works. I guess my action . ..
DM: No, you have to talk close and clear.
CS: Oh.
DM: And slow.
CS: That's what I like, I talk like this and it doesn't work. If he drops it down, to the 15, then
I'm gonna . ... oooh, almost took his ass out. I'm gonna owe you two. And if he doesn't,
then I'll only owe you one.
DM: Owewho?
6
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CS: The, the split.
DM: The city.
CS: No, if the, the contractor. If he, ifl get him to do the bill, oooh I'm not going on that light.
Fuck that. Ifl get him, ifl get him to break it down to meet uh 15,000,
DM: Right, right.
CS: Then we have $10,000. Which is oh, [UI]
DM: No, no.
CS: Which is five a piece. But if he doesn't, then it's only 8,000. Cause it's 17,000, he already
showed me, 17 something, by the time I get him to round it off.
DM: Right, right.
CS: So then we only have, that's gonna be four a piece. So I'm gonna keep 12, 12,000,
because I need to get, I want to give him at least 2500, 3,000. I want to have money, to
give him the rest. Half the [UI] [SC]
DM: Right, right, right, right, right.
CS: So it's, I'd have to give him urn 75, which would be 15,000, or ifit'sl 7,000, I have to
give him five, 85. Understand?
DM: Yeah.
CS: I want to give him half of the money. And the other half I'll tell him, when I get the
check. Which he will give me when I have [Ul] . ... and th.en if they [UI]. So that's why I
want to have that amount with me. You understand what I mean? So that's what I'm
saying. I don't, I don't know how much it's going to be. I think it's going to be 15
because I'm pretty sure !'11 get it. I don't. . . (SC]
DM: Is it this way?
CS: Yeah, we passed it. On the left. Remember, this is 28th when you said it in. So I'm
gonna, I'm gonna do three, I don' t know ifl should do the three or two now,
[VI-mumbling 1 ,2,3,4,5,6 .. 9] ... This place used to be nice. I mean now . ..
D M: The walk, yeah.
7
P315
CS: Yeah. I used to like coming out here.
DM: Watch out ...
CS: You know one day I was so fucking drunk, you see that thing in the middle there?
DM: You went over it?
CS: I had a Mazda 626, I fly right over it.
DM: Ooooh!
CS: Everything under the car ripped. out. Speeding too.
DM: Puck it all up?
CS: Yeah, but IHOP right urn on Sample, by the urn what do they call that bar? That . .. Roy's.
[UI]
CS: This is, that's all ... everybody does elections at the same time.
DM: There it is.
CS: [UI] fricking parking, oh they're parking in there. I'Jl leave it, you want, I'll leave it, you
want to leave it in the car I guess huh?
DM: Put it in that.
CS: No, no. I, I get, I take out the twelve. This is, I'm gonna give you the three, and after that
I'll owe you two.
DM: What, what' s that? I didn't expect that.
CS: Yeah. I told you we split it.
DM: Oh Jesus Christ.
CS: I'll keep this, this is mine.
DM: God ....
8
P316
CS: I told . .. uh what'd I tell you?
DM: I know, but I didn't expect it. I owe you money.
CS: Well you told me last night,
DM: Yeah, no he's coming in.
CS: She's got a plan,
DM: Yeah, she's got a plan. And that's .. . we want to stay current,
CS: You say by next month,
DM: By next month, even before that time,
CS: Don't spend it then, that's all.
DM: No I won't.
CS: Then don't spend it. You said by next month, we . ...
DM: We, by, by December 1
51
,
CS: Last time you told me by next month we should be, we should be able to start paying.
DM: Stay current,
CS: Right,
DM: December 1
8
\
CS: And then work out a payment plan,
DM: Plan for the back.
CS: If, if it's a $100 a week or ...
DM: Whatever, just yeah.
CS: Or whatever,
9
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DM: Just to get us ahead.
CS: Right. So that's, so .. .
DM: That way I know I can pay you.
CS: No but I don't, when I make a deal, I don't fuck around my deals.
DM: Ok.
CS: I tel1 James the same thing. Every week, before the end of the week, I make sure I have
your money in an envelope, because I pay you on Tuesday for last week, I don't want to
wait til Tuesday to look for your money. I want to v e it waiting for you.
DM: Right, right.
CS: I don't mess around when I tell it. Ifl give somebody a deal, it's a deal. But that's the
reason why I, I don't always know if you' re gonna get 4,000, if you're gonna get ...
DM: Whatever,
CS: 5,000.
DM: Whatever.
CS: So it's 3,000. So I'm gonna give you three,
DM: Anything's better then nothing.
CS: Right, that's what I'm saying, so . ..
DM: Put it right there, we'll go eat.
CS: We'll go eat and come back. And nobody comes in the car. Yeah, nobody comes in
my .. .I always leave, I leave everything in my car all the time. Make sure I lock that bitch
this time though. [laughs]
DM: I know. At least.
CS: No, I don' t ... I, I told you before, I gonna tell you, I tell everybody the same thing.
People, people like to tail you. [UI) Hey, that I could but I, ifl tell you, that's ifl hire you,
like I told James, I can' t offer you a whole lot of money,
DM: Right, right.
10
P318
CS: But I got desperate because I really needed somebody. Cause I'll give you more than what
you're making now.
DM: Right, right.
CS: That's ok. But I also tell people in the past, that I can only pay you so much, but I
guarantee I will pay you.
DM: But he's a, he's a worker ain't he?
CS: Oh yeah, oh yeah. He, he' s got it, he's good.
DM: No doubt.
---------------------------------------------------------------------------------------------------------------------
6:03pm
CS: [Yawns] Joe don't come around the weekends does he?
DM: Varsallone? Uh it depends. Sometimes, sometimes not. I can make him, you want him to
come have coffee, I can?
CS: Yeah, tell him to come have .. . [UI]. I give him, fuckin' like five, five bucks or something.
You know why?
DM: Yeah, yeah,
CS: He was urn, he, he didn't have nothing negative to say.
DM: Right,
CS: he just had, he made it seem like he didn' t know, he' s neutral , ok, ok, that's good. Like I,
l'm not just saying yeah, I'm not a puppet. I want to know what you're doing, you doing
this, is it gonna be that, oh ok. Yes.
DM: Right, right. But when he tells me that he needs, you know he needed ... cover this, cover
that, I gotcha.
CS: Yeah right. On one hand, one hand don' t clap. If you, if you cover him, he' s gonna
cover you ..... .
DM: Exactly.
11
P319
CS: him, he' s gotta cover you.
12
P320
-Exhibit 3 6-
Date of Recording:

january 30, 2013 Je,
Time of Recordmg: 9:06am
Recording type: audio
Participants:
[UI]
CS:
DM:
Lutchman ''Chris" Singh
David McClean
UF: Unidentified Female
Unintelligible
[PH] Phonetic
[SC) Simultaneous Conversation
CS: Oh my god. (laughter) That's cool That's awesome. I got, umm, we have to call Diane let her know I' m
coming.
OM: Yeah, no problem.
CS: I emailed you the, the, drawings.
OM: Where to my tity?
CS: Yeah
OM: Oh, to, to my
CS: To Mclean, to, I emailed it.
OM: To just me? Or to everybody?
CS: I ema1fed to you, I emailed it to, uh, the building apartment because, it's bigger, you see, I have small copies.
OM: Y cah, yeah, yeah
CS: When I emailed it to her, she wants to print it out big or whatever. All of everything. all of the drawings that he sent
me back, and I have the application that I gotta sign and then take it over there.
P321
OM: Alright, so now did you give, it's you have to have 11 copies I think.
CS: I have 11 small copies.
OM: Yeah, that's fine.
CS: Yeah.
OM: Just so they can look at 'em. If they need to blow' em up, I guess they'll blow' em up.
CS: Yeah, that's why I emailed 'em. I cmailed CRA also.
OM: Ok.
CS: Cause CRA wanted, I mean everything was ok with them. they wanted one big change and we did that.
OM: How's it look?
CS: It looks good.
OM: Does it look cool? Does it look what you thought it was gonna look like?
CS: It is exactly wHat he did before except we did it all to scale and everything. I know, I told him that, ya know, I would
do it in a triangle, doing this, doing that. Instead of beat in him up, beatin him up. So we got what we wanted
anyways. $15,000 flat.
OM: Good.
CS: I gotta pay all the permit fees.
OM: That can be expensive.
CS: I know.
OM: They go by what the job is gonna cost us.
CS: Yeah, yeah, but it wouldn't matter because for the price it won't cost me that much.
OM: Ok.
CS: And they
P322
UF: Ya got hot sauce, you want hot sauce?
OM: Umm.
CS: Ya know, I spent less than $300.
OM: Oh,ok.
CS: For that, for that. it will cost me five or 600 bucks a permit.
DM: That's it?
CS: Yeah.
DM: I hope.
CS: Yeah, it won't, it won't.
DM: Uh, remember the old man, Charlie that came out to do your, do the fence, measure it up.
CS: Yeah.
DM: I seen him in here the other day. I was having coffee. I said I see ya got your fence up there, I said yeah. It looks
good doesn't it? He said whoever did it, did a good job.
CS: (laughter). So, one we gotta call Diane.
DM: We gotta do Diane.
CS: Make sure she knows I'm coming.
they take it they.
I don't wanna go in there and the thing is the wrong lady take it. So when
DM: Oh no, no, no, no, she'll get it and then if something needs to be fixed she'll take it right there.
CS: That's that's why I wanna see her. She's nice to me but I wanna let her know [UI] gonna give her a call. Umm,
and, so anyways when I tell her I'm gonna do a triangle, I'm gonna do this, I'm gonna do that. [UI) I said I spent
380 bucks. I'm gonna give em 380 bucks [UI] make it 15,000 flat. All cash.
DM: Yeah, yeah.
CS: Cash. Make it 1 5,000 flat. And he's gonna give me the receipt that we need anyways. [UI]
3
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OM Good, good.
CS: So that leaves us in the dear.
I
OM: Now the triangles are the things that are.
CS: Yeah, the frame that he was talkin about to put up on the roof.
OM: The fascias.
CS: Yeah.
OM Yeah,yeah,yeah.
CS: Yeah, you know, the triangle wood.
OM: Yeah, yeah, yeah, yeah.
CS: I mean, that's {UI]
OM: Yeah, yeah, yeah. Ok, good.
CS: So he's gonna do that and, umm.
OM: Did you, umm, you should send out, just for your own sake, an official letter to the four tenants, us, so Adam .don't get
his panties in a wad. You should just let it, be prepared, that we are remodeling to, uh, to upgrade the center to
bring more customers in. It is going to be an inconvenience for a few days, a few weeks.
CS: It won't even be that long though. He said the project would take him.
OM: 30days.
CS: Four days on site.
OM: To, to demolish in full.
CS: Yeah. Four days on site.
OM: Ok.
4
P324
CS: He's not even demolishing, because ummm.
OM: He's, he's basically gonna do a little bit of tear off. no?
CS: Yeah, he's gonna, no, the top one thing he needs to take off the sides.
OM: Ok.
CS: And he's gonna tear off the bouom, but that's not gonna effect em cause he's gonna come around the whole way in a
couple hours.
OM: So he' ll get the sides down, put ' em in back and work on ' em, right?
CS: Put em back wherever we want. Yeah, he bring 'em back
OM: We'll work on em and get em all lit up. Get yours cleaned, lined up, spray 'em.
CS: Yeah, he's taken 'em down, the signs gonna be down for two or three days.
OM: Yeah, that'll be great.
CS: And, and we should be able to get banners. in a construction zone, in a construction site you can hang the banners.
OM: Right, right.
CS: Umm, so that so alright, fucking genius, so I gave him, I had given him 2500,1 gave him 3500.
10,000 up front.
OM: Jesus.
CS: Well that was, that was the deal. I'd give him the 10,000 up front.
OM: Just hope they don't fuckya.
CS: He's not gonna, he don't want to fuck me.
OM: Ok.
CS: Because the people that he's gonna be fuckin, they're not gonna be nice.
OM: Ok, ok.
5
So now, I gave him
P325
CS: Yeah, he don't wanna, he don't wanna do that. I didn't tell him anything yet, but he don't wanna do that cuz if I
just call up my buddies and say hey, this is what happened.
OM: Yeah,yeah.
CS: That is what happened to the money. They may not be very happy.
OM: Sure.
CS: Uh, a couple of my, my other partners. Somebody has all that with me: They did it.
OM: Yeah.
CS: So anyways, he umm,
OM: He remembers you.
CS: He, he [UI] So I gave him 3500 bucks. So he's got 10, I owe him five, five is when it's done, when I get a final
inspection.
OM: Right. Good morning Charlie, how are ya?
CS: Good morning. So how long after the final inspection, do they disperse funds?
OM: Oh, within 30 days.
CS: Oh.
OM: [SC] Yeah, within 30 days, you shouldn't have a problem.
CS: It' s not too much of a big deal. It being funded, not like I goua
OM: Right, right.
CS: I just gotta make sure I have the money back. So that leaves 'em in the clear. [UI)
OM: That'll be nice. That'll be nice.
CS: [UI]
OM: Right Now, the, the, the, what about, umm, so ok, so we gotta do, you' re gonna do that. Your going away this
6
P326
weekend?
CS: I'm going away this weekend.
OM: For the whole weekend?
CS: Yeah.
OM: Kids will be there, mom will be there?
CS: Yeah.
OM: OK, then, urn, we'll put the permits in now.
CS: If we put the permits in now.
OM: Today'swhat, today's the 20th
CS: [SC] Wednesday.
OM: We should get 'em Monday.
CS: Oh, we're not gonna get 'em by Thursday, huh, we won't get 'em Monday.
OM: We might but if they can do 'em that quick, if it looks good. No, we might be able to, I'll ask her.
CS: I didn't think it's possible because that [UI) what the city do. Keep everything on the up and up. We get it
Thursday, the good thing is if we get it Thursday, when I'm gone, then it's done. By the time I come back. [UI]
OM: Umm, You'll get back when, Monday or a week?
CS: Monday.
OM: Just as long as you don't kill us on Saint, er Saint Patty's Day, on Super Bowl Sunday.
CS: Hmm
OM: Taking up spaces. Super Bowl Sunday, if he's gonna work out there. Is he gonna start it that quick?
CS: Uh, he doesn't have to. I could tell him, what when is what?
OM: Sunday, Sunday is Super Bowl.
7
P327
CS: {UI] I could tell him don't do it Sunday.
OM: Or he could come take the signs down and get that started.
CS: No, he won't do anything.
DM: Ok.
CS: Because the idea is he gets the permit, when I tell him, he says he needs three to four days, so plan for four days.
(phone ringing). Four days to knock the place up. So we got that covered. So that's that. So we gorta make
sure we call Dianne when we leave here, I'm gonna go.
OM You gonna go right there?
CS: I'm, no I'm gonna pick up a phone at the store and then run over there.
OM: Alright so when we get to the store, I'll call her and say you're on your way.
CS: Yeah.
OM: Thank you.
CS: Ketchup?
OM: Ketchup, right there.
CS: Got it. Mom got up this morning trying to make me breakfast. She makes me breakfast every day.
OM: Yeah, did you tell her we were going out?
CS: Ahhhh. Your single you lucky bastard.
OM: I was, I was up early and I said ok I'm just gonna lay down for a few more minutes, and then you called. I said Oh
good, thank god you called.
CS: Somebody called me, private call this morning. And they're on the phone, they're on the phone but they won't say
anything. Sounds like they're on the phone, I was like somebody (UI]
DM: So listen, umm, today's meeting, tonighr's meeting, I'm not gonna raise hell about the thing because I figured if I tried
to raise hell.
8
P328
CS: Uh, huh.
DM: You never know what could reoccur. Umm, what I am gonna do for the future that, so it doesn't happen, is make
sure behind the scenes. Cuz the city manager is not going to be there tonight.
CS: Oh.
DM: He got hurt. I told you he fell off a ladder.
CS: Mmhmm.
DM: Well, he broke his, he broke it, the l -whatever, coming off the ladder. So that's, it's like the most important one in your
back. for you to flex.
CS: Right.
OM: So he went for an MRI. He's on all kinds of pain medication. He won't even ca11 me. He text me, I can't, I can't
talk to you. I'm on pain medication right now. So he, ya know, he won' t be able to make a decision. So, uh,
douche bag is the acting city manager today.
CS: Who's that, uh?
DM: Steinfeld, until he gets back.
CS: Is he worth anything?
OM: Huh?
CS: Is he worth anything?
OM: What do you mean worth anything?
CS: Piece of shit Steinfeld.
OM: Ya know, you had a bad experience with him. He is a good city attorney. But.
CS: He is?
OM: Yeah he is. He's kept us, I mean he's been there.
CS: Ok.
9
P329
OM: Many years, but ummm.
CS: I guess, yeah, I guess you get one bad apple, you get a bad taSte.
OM: But the thing is he is, uh, he is such a. he makes thi"ngs so, he's the one that made things tough in this city getting to do.
Ya know, that's why no strip joints. Ya know, he's made the city good, but at the same time he's made it so rough
to do anything. So I think it'd probably be a mistake tonight. Then we may have repercussions.
CS: Mmhmm.
OM: And we don't want that. You've got too much invested.
CS: Right.
OM: So in the meantime, I'll stay behind the scene.
CS: Mmhmm.
OM: And we're gonna change it for next year.
CS: Right, so, but I mean you can't you talk to like fucking ummm, what's his name? Talerico and these guys and tell
them that.
OM: Oh yeah, yeah, yeah.
CS: This is what I want done.
OM: Oh yeah,yeah,yeah,yeah, on, on the QT,yes,yes.
CS: [UI]
10
P330
Date of Recording:
Time of Recording:
Time of Recording:
Participants:
Abbreviar ions:
january 30, 2013 -:1{:31
9:40am
audio/video
[UI]
CS:
DM:
David McClean
Unintelligible
[PH] Phonetic
[OV} Overlapping Voices
DM: What's this lock? That's the lock?
CS: That's, look at it, check it out. There's no locks. Nothing there.
DM: That is cool.
CS: And then when I stop the car.
DM: It lights up?
CS: When I lock. whE'n I lock the car tha(s the alarm lED. It's not loc.ked. You see here.
DM: Yeah.
CS: But that simulates a lock so people try to pick the lock.
OM: Ohok.
CS: (laughter).
DM: It blinks instead of having the light up here blinking, it blinks there.
CS: [UI] this fucking [UI]. I went yesterday you see what I did? Margate Events.
DM: Good. At Wells Fargo?
CS: Um, no over here. BB&l for the festival
P331
OM: Did my girl get, set you up?
CS: Yeah, I'm going back to see her in a little bit cause I took her money yesterday too. And I got the, what did I guess
this is, [UI} one, two, three, four, five, six, seven, eight, nine, ten, (breathing) thirteen, fourteen, fifteen, one, two,
three, four, sixteen, one, two, three, four, five, seventeen, one, two, three, four, five, eighteen, one, two, three, four, five,
nineteen, one, two, three, four
DM: How did, how did you get that on there?
CS: Enter, um, no, Autotronics because I'm 15 years registered.
OM: That's cool.
CS: Like if you have a busiQess res, when they renew maps, I think it's four years, five years.
OM: It'll pop up.
CS: WelL they put stuff on the maps when they renew them. likes there's points of interest and all that. Uh, oh
you're gonna call her one time?
OM: Yeah, uh.
CS: Might as well.
OM: (cell phone being dialed). How long till you get back. a half hour?
CS: Yeah, 45 minutes, ca.use I wanna pick up another, uh, gallon a paint. I'm running to pick up a gallon a paint around
back. So, I'm probably gonna be at the store in like 10, 15. So, I'll be at the city 10.
OM: (Speaking on cell phone)
Hey Diane, how are you?
Hey linda. David, how are you?
Happy, good, happy new year.
Alright, is uh, is uh, Diane around? Thank you.
Whatcha been up to? Good, good, umm, We're just,
uh, we're gonna be bringing the permits over for our shopping center, for Chris' shopping center. You know where
I'm at. We got a grant from the, uh, CRA to do a, uh, urn, a a ~ a d e And he's got it all done, so urn we're gonna
bring em over. If everything looks good, is there any chance that they could uh, push the permits out tomorrow, if
everything's good? Yeah, we got the drawings and everything. He's bringing em all over
CS: Actually, I emailed the drawings to her last night.
DM: (Speaking on cell phone). We emailed the drawings to you last night. (Speaking to CHS) The contractor is who?
(speaking on cell phone). He's got it at his office on the desk. We're not there yet. We're on our way. Urn
and then he's gonna come over and see you in about an hour. And then you just guide him. You know, if it can be
done by tomorrow that's great. If not Monday's cool, but we'd, it'd really be great if we could get it over the
P332
weekend, get it started. OK. Alright babe, I appreciate it, and um. (speaking to CS) What, there was
something else that I had to ask her, um.
CS: Oh and um we got a warning to for an electrical outlet.
DM: (Speaking on cellphone) oh wait. um.
CS: And he gave us ten days.
DM: (Speaking on cell phone) The electric, the electrician gave, the electrician inspector gave ten days for a warning to
fix an outlet. Can we ask for an extension? Will he give it? like maybe 30 days. Yeah. They couldn't get
the electrician in there, his buddy, to do it. His electrician buddy. Will he, will he.
CS: He wants us to get a general con, a licensed electrician.
DM: (speaking on cell phone) He wants them to get a general contractor to do it, so their buddy can't do it right now,
he's roo busy and so we they were asking just for an extension to get it. It was, uh, it was at the uh.
CS: lucky City.
DM: (Speaking on cell phone) lucky City Restaurant. (Speaking to CS} What's the address?
CS: Pepper Tree Plaza.
DM: (Speaking on cell phone) It's in Pepper Tree. (Speaking to CS) Is it an occupational inspection?
CS: No, what it was, was they had a fire, a health department fire inspection. A routine flre and the fire inspector says
hey, that outlet needs to be mounted on the wall not on the box. So he called the electrician, the electrician came
and says ok. it needs to be on the box and you have 10 days.
OM: (Speaking on cell phone) Ok, no the fire inspector came in and said, a routine inspection and said that the outlet can't
be on, on the ground, it has to be mounted on the wall.
CS: mmhmm.
DM: {Speaking on cell phone) And then the electric, the electrician guy came by, seen it and said, yeah it's gotta be
mounted on the wall and you've gor 10 days to do it. (Speaking to CS) I need an address.
CS: lucky City Restaurant? Fuck, uh:
OM: (Speaking on cell phone} Two seconds, we' re looking it up. How's the kids doing Di? Good, good. Good.
that's real good. He did? Yeah, yeah, how's he, how's the body aches? Yeah, that's like John Bono. Yeah,
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john Bono's had nine lives. He's been through a whole bunch. Alright. Good. Ok, here's the address,
5574 West Sample Road. Alright, so have him call the, call the fire guy? And who's that Wilson? Ok. Ok.
Ok, very good. Alright. thank you and I'll see you in about an hour. Bye. (Speaking to CS) Her guy in the, it's
not in the computer. So, you need to call the fire guy
CS. Wilson?
OM: Yeah, Kevin Just say, hey Kevin.
CS: He's a welder.
OM: Uh, ok.
CS: [UI] But you see this, like th, that's not something l save, that's just categories, points of interest. Different.
OM: That's good.
CS: So if you've been in business a certain amount of time, and they updating the maps, then you're on there.
OM: That's cool.
CS: Um.
OM: Al right, so.
CS: I' m gonna go, I'm gonna go run the paint. I don't owe you nothing else.
OM: Try. Oh, thank you.
CS: That's the five.
OM: Yeah, yeah, yeah.
CS: I owe you nothing.
OM: Right.
CS: So, if, this is what I wanna ask you now.
OM: Yeah, yeah, yeah, yeah, yeah.
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CS: Now that we' re clear. If they say, if the contractor says, oh urn, we're doing this, doing this, we came across this,
dilemma and it's $10,000 more in repairs. Which it's not, I'm just saying.
OM: Yeah, yeah.
CS: If he says, will they match that 10 and say ok, urn.
OM: No, cause we're at our, aren't we at our limit?
CS: Oh, the limit, that's right.
OM: We' re at our limit.
CS: OK, cause what I was thinking is I can go back in (laughing) for more money.
OM: But you gotta make sure that he doesn't, that he's right on scale with everything. I mean you know that,
building-wise what, what it's gonna cost.
CS: Yeah, it is, it is.
OM: Ok.
CS: My coff, I left my coffee in the fucking car.
OM: No, it's on the roof ain't it?
CS: Yes.
OM: So Chris, umm, get those uh,
CS: Huh?
OM: Get that paperwork so we can get it over to her. I'd like to get it over there before noon.
CS: Huh?
OM: Before noon. Over there.
CS: Well, I'm running onto West Marine now.
OM: Alright. Go do that.
5
P335
CS: Wait.
OM: West Marine's over in Pompano right?
CS: Yeah, I'm going straight on Atlantic, making a left turn on US 1, before Sample, between Copans and ~ a m p l e I'm
gonna go there and I'll grab a gallon cause I brought one gallon. I was only gohna do the bottom, I wanna do a
little bit on the side.
OM: Yeah.
CS: [UI]. Yeah, if I do that, if I get up today, the boat's ouna there by, tomorrow I'm taking the boat out.
OM: Oh that's fine. I just wanna make sure that she don't tag you, cause she gave you a courtesy, she didn't write you
up. Right?
CS: No, they tagged.
OM: No, it's just a courtesy notice.
CS: Oh, Jackie?
OM: Yeah.
CS: Oh, no, no, no, no. She won't, she won't. She gave me 10 days.
OM: Ok
CS: So basically I have until the weekend, which is no big deaL
OM: Alright, so do that, get, cause I wanna get over, I want you to get that paperwork over there.
CS: Alright, let me see [UI].
OM: [UI].
CS: Urn, my mom's supposed to come because, she was gonna come because I didn't know how long I was gonna be at
West Marine. But, I'm in the city cause from West Marine I gotta go in the city. I don't have the time.
OM: Alright, do me a favor, just call her and tell her I can take the boat out of the parking lot.
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CS: Ok.
7
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