1 00:04:34,700 --> 00:04:53,600 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, 2 00:04:56,340 --> 00:04:59,900 Madam Mayor, we have a quorum. Thank you, Madam Deputy Clerk. This is 3 00:05:00,000 --> 00:05:15,880 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. 4 00:05:15,880 --> 00:05:16,840 on 5 00:05:30,600 --> 00:05:36,280 the United States of America and to the Republic for which it stands one nation under 6 00:05:36,280 --> 00:05:39,900 God in a business with liberty and justice for all. 7 00:05:43,710 --> 00:05:45,990 Please make sure your cell phones are off. 8 00:05:46,450 --> 00:05:53,690 No speaking from the floor, we will have an opportunity for you to speak after the resolution 9 00:05:53,690 --> 00:05:55,330 is read into the record. 10 00:05:55,770 --> 00:05:58,310 If you want to speak, you need to fill out a blue card. 11 00:05:58,310 --> 00:06:03,950 And if you approach the microphone, you must state your name and address. 12 00:06:06,430 --> 00:06:10,330 For tonight, I'll just entertain a motion to approve the agenda as submitted. 13 00:06:10,910 --> 00:06:13,390 Motion to approve the agenda as submitted. 14 00:06:13,950 --> 00:06:15,530 Council Member Castle made a motion. 15 00:06:15,850 --> 00:06:16,110 Okay. 16 00:06:16,650 --> 00:06:18,310 Council Member Rivera-Seconded. 17 00:06:18,450 --> 00:06:19,250 Any further discussion? 18 00:06:20,150 --> 00:06:22,450 Hearing none, all in favor signify by saying aye. 19 00:06:22,830 --> 00:06:23,070 Aye. 20 00:06:24,150 --> 00:06:25,270 Those opposed say nay. 21 00:06:25,590 --> 00:06:26,730 Motion carries 5-0. 22 00:06:27,350 --> 00:06:27,750 All right. 23 00:06:27,750 --> 00:06:36,510 3A, the item we're all here for, consideration of resolution number R, 09, 2026 declaring 24 00:06:36,510 --> 00:06:42,850 the town council's intent to initiate intergovernmental conflict resolution procedures 25 00:06:43,210 --> 00:06:48,410 with the town of South Palm Beach in accordance with the requirements set forth at Chapter 26 00:06:48,410 --> 00:06:51,190 164 FLA statute. 27 00:06:52,410 --> 00:06:56,910 Mr. Lohman, would you please read the resolution title allowed into the record and provide 28 00:06:56,910 --> 00:07:00,290 by the overview of quickly how we got here. 29 00:07:00,790 --> 00:07:01,150 Yes, ma'am. 30 00:07:01,850 --> 00:07:02,670 Resolution number R, 31 00:07:02,830 --> 00:07:03,290 does there are nine, 32 00:07:03,370 --> 00:07:04,110 does 2026, 33 00:07:04,110 --> 00:07:05,390 a resolution of the town council, 34 00:07:05,550 --> 00:07:07,070 the town will intend to floor the clearing incident 35 00:07:07,070 --> 00:07:09,570 to initiate intergovernmental conflict resolution procedures 36 00:07:09,570 --> 00:07:11,990 with the town of South Palm Beach to resolve conflict. 37 00:07:12,690 --> 00:07:13,890 Consideration of such review, 38 00:07:14,730 --> 00:07:16,210 providing for distribution, 39 00:07:16,450 --> 00:07:17,870 providing a collective date and further purposes. 40 00:07:21,560 --> 00:07:23,000 And whenever you have a conflict 41 00:07:23,000 --> 00:07:25,060 between that two local government entities, 42 00:07:25,060 --> 00:07:27,580 be it a municipality or a county or a special district, 43 00:07:27,580 --> 00:07:33,140 were required to complete the alternative conflict or the governmental conflict resolution 44 00:07:33,140 --> 00:07:37,620 procedures to set forth in chapter 164. There are two different ways to do it. You can 45 00:07:37,620 --> 00:07:42,340 final suit and initiate the lawsuit and then once you initiate the lawsuit it would then 46 00:07:42,340 --> 00:07:49,420 be moved to have it stayed pending in the completion of the 164 procedures or you can initiate 47 00:07:49,420 --> 00:07:55,420 the 164 procedures initially. I think this is typically the better way to do it because 48 00:07:55,420 --> 00:07:59,560 why you want to go through the hassle of paying your attorneys to draft a lawsuit, file a lawsuit, 49 00:07:59,820 --> 00:08:02,900 serve the process, and then turn around and state that and then go through this process. 50 00:08:03,900 --> 00:08:10,720 I think it also potentially sets the process off on a less positive note. The one CC4 51 00:08:10,720 --> 00:08:16,360 dispute resolution process requires us to adopt this resolution. We have to serve this resolution 52 00:08:16,360 --> 00:08:23,400 on the on South Palm Beach within five days of its adoption, assuming you pass it tonight. 53 00:08:23,400 --> 00:08:33,140 We will then also contact them and get a date set within 10 days or receiving the copy. 54 00:08:35,920 --> 00:08:41,640 We will arrange a date and we have to have a conflict assessment meeting within 30 days. 55 00:08:41,640 --> 00:08:49,000 A conflict assessment meeting is typically attended by your chief executive officer in this case, your town manager, your town attorney. 56 00:08:49,000 --> 00:08:53,740 and probably Mr. Drenz as our development services director and we will be 57 00:08:53,740 --> 00:08:57,340 recommending in that letter who we they should bring from South Palm Beach as 58 00:08:57,340 --> 00:09:03,320 well they can bring who they want we would meet and during that meeting talk 59 00:09:03,320 --> 00:09:11,280 about the conflict and see if there's any any way of resolving that matter and 60 00:09:11,280 --> 00:09:17,280 bringing and defining what the conflict is and then depending on how that meeting 61 00:09:17,280 --> 00:09:24,500 then there would be a joint meeting of the two elected bodies as the initiating agency we would choose a location 62 00:09:25,220 --> 00:09:31,500 you know it's mutually agreeable and then have a mutually agreeable date and time for that meeting 63 00:09:32,380 --> 00:09:42,200 then you have a joint meeting, public meeting of both Lantana and the South Palm Beach councils and it's open to the public 64 00:09:42,700 --> 00:09:47,720 and you have that meeting. You can also have a mediator for that meeting if you 65 00:09:47,720 --> 00:09:52,920 want the party's agreed to it or you don't have to have one. Then after that 66 00:09:52,920 --> 00:09:56,880 usually what happens you can just declare that there's no resolution at that 67 00:09:56,880 --> 00:09:59,960 that point, but usually after that what goes on is to the next step of the... 68 00:10:01,710 --> 00:10:30,770 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, 69 00:10:30,770 --> 00:10:37,230 It makes a very little sense to me and contradicts itself in the very first section, but it 70 00:10:37,230 --> 00:10:41,910 just talks about the town's historical permitting practices as it relates to waterfront structures 71 00:10:41,910 --> 00:10:48,130 which is to say there aren't any, but apparently they think there are, and then it goes on 72 00:10:48,130 --> 00:10:48,950 to set forth. 73 00:10:49,150 --> 00:10:53,630 It says it's not regulating and not setting up a procedural restriction for the criteria 74 00:10:53,630 --> 00:10:54,590 permitting requirements. 75 00:10:54,590 --> 00:10:57,090 It's a regulatory burden, but then since it goes through listening, 76 00:10:58,450 --> 00:11:02,830 that thou shalt not build a dock or a waterfront structure without a permit, 77 00:11:03,670 --> 00:11:08,350 which is interesting, because again, they don't have jurisdiction over any waterfront 78 00:11:08,350 --> 00:11:11,790 other than the ocean side of South Palm Beach. 79 00:11:12,130 --> 00:11:15,970 And they can do what they want permits over there, all they want them in the state, 80 00:11:16,170 --> 00:11:16,850 they can do that out. 81 00:11:17,370 --> 00:11:20,930 But as we have already determined by the survey that was done, 82 00:11:20,930 --> 00:11:25,510 the jurisdictional boundaries of the town of South Palm Beach in the waters edge. 83 00:11:26,290 --> 00:11:31,830 And so, if any structures were going to be constructed into that water 84 00:11:31,830 --> 00:11:35,690 and that is within the town of Lantana's jurisdictional boundaries 85 00:11:35,690 --> 00:11:37,530 and comes under our whole rule of thorning, 86 00:11:38,210 --> 00:11:40,170 if it were to occur than any of, 87 00:11:40,330 --> 00:11:44,190 anything it should have to be done in accordance with rate places adopted by the town, 88 00:11:44,410 --> 00:11:49,390 not some kind of permitting process attempting to be established 89 00:11:49,390 --> 00:11:55,550 by South Palm Beach this just when I know that I want to talk for Brian but I 90 00:11:55,550 --> 00:11:58,670 know we both saw it he said it to me and I read it and I was just a kind of a 91 00:11:58,670 --> 00:12:05,250 guest this would be the behavior of the choice of another neighboring municipality 92 00:12:05,250 --> 00:12:08,830 that we've had good relationships with certainly for the 22 years I've been 93 00:12:08,830 --> 00:12:16,770 the town attorney I was just kind of surprised and you know it's just kind of 94 00:12:16,770 --> 00:12:20,490 If you read you don't have to take my word for you read the ordinance it makes no sense 95 00:12:21,470 --> 00:12:27,670 They say they issue a permit by the town it doesn't constitute a determination regarding title ownership municipal boundaries 96 00:12:27,670 --> 00:12:32,930 Emerge lands ownership repair and boundaries easing the right survey disputes or other private property rights 97 00:12:32,930 --> 00:12:39,750 For the record so people know we don't resolve those things with permit issuance either 98 00:12:40,990 --> 00:12:44,410 But if those things aren't resolved guess what you're not gonna get 99 00:12:44,410 --> 00:12:51,150 a permit. So you don't issue permits for people to do work unless you know they have the 100 00:12:51,150 --> 00:12:57,750 authority to do at least the apparent authority to do actually do that. So that's kind 101 00:12:57,750 --> 00:13:02,090 of doesn't make a lot of sense. They said that they can, but they can rely on surveys, 102 00:13:02,330 --> 00:13:06,050 plans, and supporting materials. Okay, and then they turn around and say any dispute property 103 00:13:06,050 --> 00:13:10,090 hardship or these boundaries or municipal boundaries or apparent rights or similar property 104 00:13:10,090 --> 00:13:13,530 issues will be resolved by a court of common interstiction and not through the town's 105 00:13:13,530 --> 00:13:18,390 permitting process. So, again, I can't speak for Brian, but what disappeared to me was 106 00:13:18,390 --> 00:13:22,230 they're saying, here, all the all the oxen free, you can have a permit, and then if there's 107 00:13:22,230 --> 00:13:30,150 a dispute between human land tenants on you, which this is the reason that we thought 108 00:13:30,150 --> 00:13:35,030 that it was important to initiate this process so that we can have a serious discussion with 109 00:13:35,030 --> 00:13:41,130 the town of South Palm Beach about this because this is setting up, I think, potential, a multiplicity 110 00:13:41,130 --> 00:13:46,410 potential lawsuits and litigation that is unavoidable. This is setting up an 111 00:13:46,410 --> 00:13:49,990 expectation of people's minds over in South Palm Beach that they can just go do 112 00:13:49,990 --> 00:13:56,250 really nilly. What the condo at 35-55 South Ocean did which were already in the 113 00:13:56,250 --> 00:14:01,650 process of trying to deal with and we don't want more of that. So that's why we're 114 00:14:01,650 --> 00:14:07,470 here tonight to ask you to approve this resolution so that we can go forward and 115 00:14:07,470 --> 00:14:15,470 to see if there's a way to resolve this in a way that is satisfactory to the town, and 116 00:14:16,110 --> 00:14:20,450 it's reasonably satisfactory to both parties that we can resolve it, so that both parties 117 00:14:20,450 --> 00:14:22,490 are satisfied that that's great. 118 00:14:23,270 --> 00:14:28,250 Sometimes you can, sometimes you can't, but state law requires us to give that a shot. 119 00:14:28,790 --> 00:14:30,270 And so that's why we're here to see you. 120 00:14:31,630 --> 00:14:33,230 Do we have any blue cards on this? 121 00:14:33,530 --> 00:14:33,990 No, ma'am. 122 00:14:33,990 --> 00:14:40,530 Okay, I'm going to close the public comment section and return it to council council 123 00:14:47,500 --> 00:14:51,460 comments. Okay, time to go for Kim. You want to go first? 124 00:14:52,940 --> 00:14:59,500 No, I'm fine with that. Thank you. This is as I understand it. It just has been initiating step. 125 00:15:00,110 --> 00:15:14,890 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. 126 00:15:30,830 --> 00:15:44,530 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? 127 00:15:44,530 --> 00:15:48,410 to avoid something like this as far as how we got into that. 128 00:17:22,740 --> 00:17:25,560 They got rid of their mayor, they got a whole new setup up there. 129 00:17:25,720 --> 00:17:27,160 Three council members and the mayor. 130 00:17:27,260 --> 00:17:30,320 There's two council members that are still from the old. 131 00:17:31,000 --> 00:17:31,920 And then they got the right new ones. 132 00:17:33,020 --> 00:17:35,500 So I would hope like their attorney and their town manager 133 00:17:35,500 --> 00:17:38,860 can maybe talk some decency or some sense. 134 00:17:39,180 --> 00:17:40,220 We'd know that good 135 00:17:53,950 --> 00:17:54,310 with it. 136 00:18:01,010 --> 00:18:01,850 I'll entertain a motion. 137 00:18:02,770 --> 00:18:04,910 I'll move to approve resolution number, 138 00:18:04,910 --> 00:18:07,470 on 9.2026. 139 00:18:09,190 --> 00:18:11,450 Council Member Castle made a motion. 140 00:18:11,650 --> 00:18:13,570 Council Member Zitler seconded it. 141 00:18:14,590 --> 00:18:16,850 All in favor. Any further discussion? 142 00:18:18,010 --> 00:18:18,530 All in favor? 143 00:18:19,350 --> 00:18:21,030 Here, signify by saying aye. 144 00:18:21,290 --> 00:18:21,570 Aye. 145 00:18:21,870 --> 00:18:22,190 Those opposed? 146 00:18:22,790 --> 00:18:23,950 Those opposed say nay. 147 00:18:25,250 --> 00:18:26,570 Motion carries 5-0. 148 00:18:27,590 --> 00:18:28,810 Anybody got council comments? 149 00:18:29,310 --> 00:18:29,510 The 150 00:18:32,160 --> 00:18:33,540 process will get the letter out. 151 00:18:33,720 --> 00:18:34,740 I'll be working on this year. 152 00:18:34,740 --> 00:18:41,860 and we'll get that thing out in the five days and try to get this process moving 153 00:18:41,860 --> 00:18:42,360 at conditions. 154 00:18:42,540 --> 00:18:43,460 Can you keep us in the loop? 155 00:18:44,500 --> 00:18:44,980 Any comments? 156 00:18:46,220 --> 00:18:46,660 Comments? 157 00:18:46,760 --> 00:18:47,060 Comments? 158 00:18:47,220 --> 00:18:48,040 None for me? 159 00:18:48,260 --> 00:18:49,120 Potion to adjourn? 160 00:18:50,180 --> 00:18:50,620 Yes!