[4:34] Good evening, everybody. I want to call the special town council meeting of August 17th, 2026, to order. Madam Deputy Clerk, may we please have a roll call. Mayor let go. Here, vice mayor castle, here, vice mayor Proton Rivera, here, council member Maizen, here,

[4:56] Madam Mayor, we have a quorum. Thank you, Madam Deputy Clerk. This is

[5:00] We're going to be a short meeting. We're only here to discuss one item. It required us to do something before the next meeting in September, so that's what we're here for. I'm going to first lead a moment of silence, and then Chris will lead us in the pledge of allegiance.

[5:15] on

[5:30] the United States of America and to the Republic for which it stands one nation under

[5:36] God in a business with liberty and justice for all.

[5:43] Please make sure your cell phones are off.

[5:46] No speaking from the floor, we will have an opportunity for you to speak after the resolution

[5:53] is read into the record.

[5:55] If you want to speak, you need to fill out a blue card.

[5:58] And if you approach the microphone, you must state your name and address.

[6:06] For tonight, I'll just entertain a motion to approve the agenda as submitted.

[6:10] Motion to approve the agenda as submitted.

[6:13] Council Member Castle made a motion.

[6:15] Okay.

[6:16] Council Member Rivera-Seconded.

[6:18] Any further discussion?

[6:20] Hearing none, all in favor signify by saying aye.

[6:22] Aye.

[6:24] Those opposed say nay.

[6:25] Motion carries 5-0.

[6:27] All right.

[6:27] 3A, the item we're all here for, consideration of resolution number R, 09, 2026 declaring

[6:36] the town council's intent to initiate intergovernmental conflict resolution procedures

[6:43] with the town of South Palm Beach in accordance with the requirements set forth at Chapter

[6:48] 164 FLA statute.

[6:52] Mr. Lohman, would you please read the resolution title allowed into the record and provide

[6:56] by the overview of quickly how we got here.

[7:00] Yes, ma'am.

[7:01] Resolution number R,

[7:02] does there are nine,

[7:03] does 2026,

[7:04] a resolution of the town council,

[7:05] the town will intend to floor the clearing incident

[7:07] to initiate intergovernmental conflict resolution procedures

[7:09] with the town of South Palm Beach to resolve conflict.

[7:12] Consideration of such review,

[7:14] providing for distribution,

[7:16] providing a collective date and further purposes.

[7:21] And whenever you have a conflict

[7:23] between that two local government entities,

[7:25] be it a municipality or a county or a special district,

[7:27] were required to complete the alternative conflict or the governmental conflict resolution

[7:33] procedures to set forth in chapter 164. There are two different ways to do it. You can

[7:37] final suit and initiate the lawsuit and then once you initiate the lawsuit it would then

[7:42] be moved to have it stayed pending in the completion of the 164 procedures or you can initiate

[7:49] the 164 procedures initially. I think this is typically the better way to do it because

[7:55] why you want to go through the hassle of paying your attorneys to draft a lawsuit, file a lawsuit,

[7:59] serve the process, and then turn around and state that and then go through this process.

[8:03] I think it also potentially sets the process off on a less positive note. The one CC4

[8:10] dispute resolution process requires us to adopt this resolution. We have to serve this resolution

[8:16] on the on South Palm Beach within five days of its adoption, assuming you pass it tonight.

[8:23] We will then also contact them and get a date set within 10 days or receiving the copy.

[8:35] We will arrange a date and we have to have a conflict assessment meeting within 30 days.

[8:41] A conflict assessment meeting is typically attended by your chief executive officer in this case, your town manager, your town attorney.

[8:49] and probably Mr. Drenz as our development services director and we will be

[8:53] recommending in that letter who we they should bring from South Palm Beach as

[8:57] well they can bring who they want we would meet and during that meeting talk

[9:03] about the conflict and see if there's any any way of resolving that matter and

[9:11] bringing and defining what the conflict is and then depending on how that meeting

[9:17] then there would be a joint meeting of the two elected bodies as the initiating agency we would choose a location

[9:25] you know it's mutually agreeable and then have a mutually agreeable date and time for that meeting

[9:32] then you have a joint meeting, public meeting of both Lantana and the South Palm Beach councils and it's open to the public

[9:42] and you have that meeting. You can also have a mediator for that meeting if you

[9:47] want the party's agreed to it or you don't have to have one. Then after that

[9:52] usually what happens you can just declare that there's no resolution at that

[9:56] that point, but usually after that what goes on is to the next step of the...

[10:01] If you have your executive team that participated in the conflict resolution, typically you will go back and attempt to mediate with the dispute and see higher and actual mediator and attempt to mediate with you to see if you can resolve the issue. The issues before us, and by a while, Mr. Redouche and I asked for this tonight was, it's because of the South Palm Beach pass ordinances to 327 and 328 last week. The ordinances, I'm going to try not to be too perjured, but I just don't,

[10:30] It makes a very little sense to me and contradicts itself in the very first section, but it

[10:37] just talks about the town's historical permitting practices as it relates to waterfront structures

[10:41] which is to say there aren't any, but apparently they think there are, and then it goes on

[10:48] to set forth.

[10:49] It says it's not regulating and not setting up a procedural restriction for the criteria

[10:53] permitting requirements.

[10:54] It's a regulatory burden, but then since it goes through listening,

[10:58] that thou shalt not build a dock or a waterfront structure without a permit,

[11:03] which is interesting, because again, they don't have jurisdiction over any waterfront

[11:08] other than the ocean side of South Palm Beach.

[11:12] And they can do what they want permits over there, all they want them in the state,

[11:16] they can do that out.

[11:17] But as we have already determined by the survey that was done,

[11:20] the jurisdictional boundaries of the town of South Palm Beach in the waters edge.

[11:26] And so, if any structures were going to be constructed into that water

[11:31] and that is within the town of Lantana's jurisdictional boundaries

[11:35] and comes under our whole rule of thorning,

[11:38] if it were to occur than any of,

[11:40] anything it should have to be done in accordance with rate places adopted by the town,

[11:44] not some kind of permitting process attempting to be established

[11:49] by South Palm Beach this just when I know that I want to talk for Brian but I

[11:55] know we both saw it he said it to me and I read it and I was just a kind of a

[11:58] guest this would be the behavior of the choice of another neighboring municipality

[12:05] that we've had good relationships with certainly for the 22 years I've been

[12:08] the town attorney I was just kind of surprised and you know it's just kind of

[12:16] If you read you don't have to take my word for you read the ordinance it makes no sense

[12:21] They say they issue a permit by the town it doesn't constitute a determination regarding title ownership municipal boundaries

[12:27] Emerge lands ownership repair and boundaries easing the right survey disputes or other private property rights

[12:32] For the record so people know we don't resolve those things with permit issuance either

[12:40] But if those things aren't resolved guess what you're not gonna get

[12:44] a permit. So you don't issue permits for people to do work unless you know they have the

[12:51] authority to do at least the apparent authority to do actually do that. So that's kind

[12:57] of doesn't make a lot of sense. They said that they can, but they can rely on surveys,

[13:02] plans, and supporting materials. Okay, and then they turn around and say any dispute property

[13:06] hardship or these boundaries or municipal boundaries or apparent rights or similar property

[13:10] issues will be resolved by a court of common interstiction and not through the town's

[13:13] permitting process. So, again, I can't speak for Brian, but what disappeared to me was

[13:18] they're saying, here, all the all the oxen free, you can have a permit, and then if there's

[13:22] a dispute between human land tenants on you, which this is the reason that we thought

[13:30] that it was important to initiate this process so that we can have a serious discussion with

[13:35] the town of South Palm Beach about this because this is setting up, I think, potential, a multiplicity

[13:41] potential lawsuits and litigation that is unavoidable. This is setting up an

[13:46] expectation of people's minds over in South Palm Beach that they can just go do

[13:49] really nilly. What the condo at 35-55 South Ocean did which were already in the

[13:56] process of trying to deal with and we don't want more of that. So that's why we're

[14:01] here tonight to ask you to approve this resolution so that we can go forward and

[14:07] to see if there's a way to resolve this in a way that is satisfactory to the town, and

[14:16] it's reasonably satisfactory to both parties that we can resolve it, so that both parties

[14:20] are satisfied that that's great.

[14:23] Sometimes you can, sometimes you can't, but state law requires us to give that a shot.

[14:28] And so that's why we're here to see you.

[14:31] Do we have any blue cards on this?

[14:33] No, ma'am.

[14:33] Okay, I'm going to close the public comment section and return it to council council

[14:47] comments. Okay, time to go for Kim. You want to go first?

[14:52] No, I'm fine with that. Thank you. This is as I understand it. It just has been initiating step.

[15:00] If you have to go forward with any type of process, is that what I understand then? That is correct, sir. Okay, thank you. So it's really a preliminary item, then I suppose.

[15:30] Whichever direction, whichever direction we go. Correct. Okay. I'm good with it. That's all I need. Thank you. Mr. Ruger, I got a question for you, Max. What, what can we do in the future?

[15:44] to avoid something like this as far as how we got into that.

[17:22] They got rid of their mayor, they got a whole new setup up there.

[17:25] Three council members and the mayor.

[17:27] There's two council members that are still from the old.

[17:31] And then they got the right new ones.

[17:33] So I would hope like their attorney and their town manager

[17:35] can maybe talk some decency or some sense.

[17:39] We'd know that good

[17:53] with it.

[18:01] I'll entertain a motion.

[18:02] I'll move to approve resolution number,

[18:04] on 9.2026.

[18:09] Council Member Castle made a motion.

[18:11] Council Member Zitler seconded it.

[18:14] All in favor. Any further discussion?

[18:18] All in favor?

[18:19] Here, signify by saying aye.

[18:21] Aye.

[18:21] Those opposed?

[18:22] Those opposed say nay.

[18:25] Motion carries 5-0.

[18:27] Anybody got council comments?

[18:29] The

[18:32] process will get the letter out.

[18:33] I'll be working on this year.

[18:34] and we'll get that thing out in the five days and try to get this process moving

[18:41] at conditions.

[18:42] Can you keep us in the loop?

[18:44] Any comments?

[18:46] Comments?

[18:47] None for me?

[18:48] Potion to adjourn?

[18:50] Yes!

Special Town Council Meeting

Transcript