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2021.05.18_TC_Minutes_Executive Session 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 1 1 TOWN OF HIGHLAND BEACH TOWN COMMISSION EXECUTIVE SESSION MEETING 2 TUESDAY, May 18 , 2021 3 4 5 6 CERTIFIED COPY 7 TRANSCRIPT OF PROCEEDINGS 8 - - - ATTORNEY-CLIENT EXECUTIVE SESSION AGENDA 9 RE : 1006 GRAND COURT LLC AND RICHARD TOUCHETTE CASE NO . 50-2020-CA-13920-XXXX-MB 10 - - - 11 12 °11113 14 Highland Beach, Florida Tuesday, May 18 , 2021 15 1 : 00 p . m. - 1 : 29 p . m. 16 17 18 19 20 21 22 23 ?4 Stenographically Reported by Mary Ann Hengstler, RPR 25 Notary Public, State of Florida Florida Court Reporting ;G1_GGQ_nQQQ 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 2 1 APPEARANCES : 2 MAYOR DOUGLAS HILLMAN VICE MAYOR NATASHA MOORE 3 CITY COMMISSION : 4 PEGGY GOSSETT-SEIDMAN EVALYN DAVID 5 JOHN SHOEMAKER (By Zoom) 6 MARSHALL LABADIE - TOWN MANAGER LEONARD RUBIN - TOWN ATTORNEY 7 MARY HENGSTLER - STENOGRAPHER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Florida Court Reporting R 1 _aQa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 3 1 The foregoing Attorney-Client Executive 41/ 2 Session was held at 3614 South Ocean Boulevard, 3 Highland Beach, Florida, on Tuesday, May 18 , 2021 , 4 starting at 1 : 00 p . m . , with appearances as 5 hereinabove noted, to wit : 6 MAYOR HILLMAN : Okay . It ' s 1 : 00 . Can we 7 call this meeting to order, please . Quick roll 8 call please . 9 THE CLERK : Okay . Commissioner Shoemaker . 10 MR . SHOEMAKER : Hello . 11 THE CLERK : Commissioner Gossett-Seidman . 12 MS . GOSSETT-SEIDMAN : Here . i^a 13 THE CLERK : Commission David. 14 MS . DAVID : Here . 15 THE CLERK : Vice Mayor Moore . 16 MS . MOORE : Present . 17 THE CLERK : Mayor Hillman . 18 MAYOR HILLMAN : Here . 19 THE CLERK : Town Manager Labadie . 20 MR . LABADIE : Present . 21 THE CLERK : And Town Attorney Rubin . 22 MR . RUBIN : Present . 23 THE CLERK : And the court reporter is present e2.4 too . Thank you . 25 MAYOR HILLMAN : Okay . We will turn this over Florida Court Reporting cis eon nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 4 1 to our attorney . 41/ 2 MR . SHOEMAKER: My sound is not coming in for 3 some reason . 4 MS . DAVID : Oh, he can ' t hear us . 5 MAYOR HILLMAN : You can ' t hear us? John, is 6 that better? We can hear you, John . 7 MR. SHOEMAKER: Okay . So why is it -- 8 MAYOR HILLMAN : John, are you able to hear me 9 now? If you can hear me, raise your hand . He 10 can ' t hear us . 11 MS . GOSSETT-SEIDMAN : Mayor, could somebody 12 do the audio by hooking him up on a cell phone? 13 MAYOR HILLMAN : If we have to, that ' s what 14 we ' ll do . Theresa -- let ' s give Theresa a second 15 or two . 16 MS . GOSSETT-SEIDMAN : Sure . Just an idea . 17 MS . CUEBAS : Commissioner Shoemaker, can you 18 hear us? 19 MAYOR HILLMAN : Any better, John? He ' s 20 calling now . 21 (Off the record . ) 22 MAYOR HILLMAN : Okay . We ' ll continue . 23 MS . CUEBAS : Can you hear -- can you hear on 24 our end? 25 MAYOR HILLMAN : Can you hear me now, John? Florida Court Reporting RC1_tiaa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 5 1 MR . SHOEMAKER: Yes , I can hear you . 2 MAYOR HILLMAN : Okay . Len, we ' ll turn it 3 over to you . 4 MR . RUBIN : All right . So this is another 5 attorney-client session to discuss the pending 6 litigation, 1006 Grand Court , LLC and Richard 7 Touchette versus Town of Highland Beach . 8 Just a little recap . We did go over this 9 last time . So I ' m not going to spend a lot of time 10 on the facts . But back in February 2017 , the 11 Planning Board appr, oved a 40 , 000-pound 8-post boat 12 lift adjacent to the property . The proposed boat 13 is approximately 48 feet , and 12 feet in height . 14 So, then, subsequently, in October 2017, the 15 Planning Board approved a request to add two 16 additional posts . So it became a 10-post boat 17 lift . The property owner began construction, the 18 pilings went in . All of a sudden they were 12 feet 19 tall . The building official issued a stop work 20 order . The problem was that on the drawings that 21 were originally approved back in February 2017 , the 22 height of the boat lift pilings was not 23 specifically called out . It looked like they were 4 four feet, but those were actually -- (Loud noise) 25 You might have to mute your computer . But Florida Court Reporting �c1_�ca_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 6 1 anyway, so they came back, Mr . Touchette came back 2 and he filed a request before the Planning Board to 3 actually have them approve the 12 feet . The 4 Planning Board denied the request . He came back at 5 7 feet , and the Planning Board again denied the 6 request ; and Mr . Touchette filed a petition for 7 Writ of Certiori in the circuit court . 8 So last time we talked about a settlement of 9 this case . The problem is that it was approved by 10 the Planning Board at that location with that 11 number of -- it was actually approved at that 12 location twice . And at the hearing before the 13 Planning Board, the last most recent hearing, even 14 our expert says he needs the lift 7 feet , that 15 that ' s a reasonable height . And that is sort of in 16 accord with what other boat lift pilings are 17 throughout the Town . 18 So at that point, the Commission seemed 19 comfortable settling at the 7 feet . I went back to 20 the attorney for Mr . Touchette, trying to get 21 something else for the Town . And he did agree to 22 pay us $2 , 500 , which was approximately what I had 23 expended on this case thus far without actually olow,„ having to go through the briefing process . 25 So we did come up -- based on that , we did Florida Court Reporting c 1 -tiRa-naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 7 1 come up with a settlement agreement . Most of it is 52 the usual agreement language . But if you look on 3 page 2 , Section 2 , it goes into the construction of 4 the boat lift platform. It approves it at 7 feet 5 according to the plans that he actually submitted 6 prior to the last Planning Board meeting . And then 7 in Section 3 he agrees to dismiss the petition for 8 Writ of certiori in the circuit court . And in 9 Section 4 he agrees to pay the Town the sum of 10 $2 , 500 towards our attorneys ' fees . 11 So that ' s the sum and substance of the 12 settlement . As I said, the rest of it is pretty standard settlement agreement language . But the 14 Town Manager and I thought we should at least come 15 before you one more time since if we ' re going to 16 move -- if we ' re going to move forward, it ' s on the 17 regular commission agenda for approval . 18 So if you had any questions at this point or 19 comments or anything you wanted to discuss , now 20 would be the time . 21 MAYOR HILLMAN : Okay . Let me start with you . 22 MS . DAVID : Okay . I understand what you ' re 23 saying . I am telling you, the people in my building will not accept it . And I ' m not sure how 25 I feel about it to be honest . I guess part of what Florida Court Reporting 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 8 1 I ' m worried about is allowing one homeowner to 2 impinge on the rights of other homeowners . And, in 3 fact, what this will do is limit the size of boats 4 that the people closer to the bridge that have to 5 go past him will be able to have in order to be 6 able to maneuver . 7 MR . RUBIN : Oh, and I understand that . 8 MS . DAVID : And I have a problem with a 9 precedent like that . 10 MR. RUBIN : Yeah . I mean, the problem is -- 11 I understand that concern . The problem is that , 12 not once but twice, the Planning Board approved it 13 at that location . So it really became more about 14 the height than location . 15 I understand the concerns about the location . 16 But the problem is it ' s hard for the Town, you 17 know, you approved it twice, to go back and say, 18 "Oh, no, you can ' t have it there . " I mean, I did 19 ask him to move it . He refused . Which I kind of 20 suspected that they would, you know . But I do 21 understand your concerns , but the issue, from a 22 legal perspective, is that the Planning Board did 23 approve it at that location twice . '24 MS . DAVID : I understand that . Would the 25 homeowners who couldn ' t get a boat that they Florida Court Reporting �c1_.na_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 9 1 wanted, would they have any rights against him? 2 MR. RUBIN : Well, they always have private 3 rights . And I represent other cities , 4 municipalities with a lot of dock issues . And so 5 there are instances where you can build something 6 pursuant to the code but , yet , it might impair the 7 riparian rights of your neighbors . 8 MS . DAVID : Right . 9 MR . RUBIN : And then it becomes a civil 10 issue -- 11 MS . DAVID : Yeah . Understood . 12 MR . RUBIN : -- among the property owners that 13 are affected . 14 MS . DAVID : Okay . If there ' s concern, then, 15 at least -- 16 MR . RUBIN : But if it complies with -- in any 17 municipality, if it complies with our code , then we 18 really have to approve it . And then it ' s really up 19 to those property owners . 20 MS . DAVID : Okay . Thank you . 21 MR . RUBIN : You ' re welcome . 22 MAYOR HILLMAN : John, move it over to you . 23 Any comments? 24 MR . SHOEMAKER: So if you can hear me okay . 25 MAYOR HILLMAN : Now we can ' t hear you . Florida Court Reporting ccl _con_nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 10 1 MS . CUEBAS : Mr . Shoemaker . 2 MR. SHOEMAKER: Yes . 3 MS . CUEBAS : We can hear you . 4 MR . SHOEMAKER : Okay . 5 MS . MOORE : I think he hit mute . 6 MAYOR HILLMAN : John, after you said okay we 7 can ' t hear you . Cannot hear you, John . 8 MS . CUEBAS : Commissioner Shoemaker, I think 9 you may have muted your phone . 10 MR. SHOEMAKER : Am I talking into the phone 11 or the computer? 12 MS . CUEBAS : Into the phone . 13 MAYOR HILLMAN : Into the phone . 14 MR . SHOEMAKER : Okay, then . So it was 15 difficult hearing the first part , I ' ll be honest . 16 But from what I ' ve read and what I ' ve heard, I 17 agree with Commissioner David . This is a tough 18 situation, and it seems like nobody ' s going to be 19 happy with this . But at the same time, I would 20 like to avoid further litigation . 21 It ' s not easy . I just -- I don ' t see where 22 we can make everybody happy, unless I ' m missing 23 something here . 24 MAYOR HILLMAN : Okay . Peggy . 25 MS . GOSSETT-SEIDMAN : Thank you, Mayor . Florida Court Reporting cc1 con_nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 55/1 8/2 0 2 1 Attorney Client Session 11 1 Attorney, are we allowed -- am I allowed to ask my 2 fellow commissioners their opinion? 3 MR . RUBIN : Sure . You could . 4 MS . GOSSETT-SEIDMAN : So I would like to ask 5 the Mayor and Commissioner David, this is their 6 neighborhood . Their opinions greatly weigh, in my 7 opinion . 8 MAYOR HILLMAN : Sure . 9 MS . GOSSETT-SEIDMAN : Because I don ' t look at 10 it . I don ' t live there . I ' ve been through there 11 twice by boat . If I could ask each of you . 12 Commissioner David, that ' s your building, right? 3 MS . DAVID : Yes . Well , there are a fair 14 number of people in my building who are less than 15 delighted with this whole thing . 16 MS . GOSSETT-SEIDMAN : Okay . Would you say a 17 majority? Is it the lower floors or everyone? 18 MS . DAVID : You know what , to be honest , I 19 don ' t know what the percentage is . But the ones 20 who are against it are very vocal . And, you know, 21 when this boat is out of the water, it has a super 22 structure of 12 feet . So it ' s going to be in your 23 face . '_4 MS . GOSSETT-SEIDMAN : Yeah . Do we know what 25 size boat it is? Florida Court Reporting cc1 eon norm 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 12 1 MS . DAVID : 48-foot . • 2 MR. RUBIN : 48-foot . 3 MS . GOSSETT-SEIDMAN : I thought I heard 46 . 4 So 48 ? 5 MR . RUBIN : Yes , ma ' am . 6 MS . GOSSETT-SEIDMAN : That ' s interesting . 7 Because we have a 46-foot boat in our neighborhood 8 recently installed and it has eight pilings . So 9 why do we need 10 ? That would be my first comment . 10 MR . RUBIN : Again, the problem is these 11 questions , which are all valid questions -- 12 MS . GOSSETT-SEIDMAN : I understand . 13 MR. RUBIN : -- should have been addressed 14 going back to 2017 but . . . 15 MS . GOSSETT-SEIDMAN : And, Mayor, could you 16 weigh in . 17 MAYOR HILLMAN : Personally I don ' t like it at 18 all , but here we are . It has been approved by the 19 Planning Board, not once but twice . We ' ve been 20 advised by Len, counsel , that if we continue along 21 the legal lines , we ' re not going to win . So as 22 much as I don ' t like it , it ' s only three feet more 23 than the four feet , which is what we would like . But what I don ' t like the most isn ' t so much 25 the additional three feet as it is the fact that it Florida Court Reporting RG1_Goa_noaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 13 1 sticks out so much into the canal . But , again, I ' m 411114 2 being redundant . It ' s been approved twice . So we 3 really don ' t have a leg to stand on here . 4 MS . GOSSETT-SEIDMAN : Well , I wonder if those 5 approvals , sir, did they include navigable opinions 6 by the Army Corps? 7 MAYOR HILLMAN : I don ' t think it matters 8 whether it did or they didn ' t . Our Planning Board 9 approved it twice . 10 MS . GOSSETT-SEIDMAN : Yes , sir . 11 MAYOR HILLMAN : Whether they did the adequate 12 research or not when they did the approval doesn ' t ^13 matter . Legally it ' s been approved . 14 MS . GOSSETT-SEIDMAN : I understand . I just 15 wondered if, legally if the Army Corps did not 16 reissue a permit, which is a state law, then we 17 have any other legs to stand on . 18 MR . RUBIN : I believe there were all the 19 approvals from -- 20 MS . GOSSETT-SEIDMAN : That ' s what I ' m asking . 21 MR . RUBIN : Yeah . From the other agencies . 22 Yes , I believe there were . 23 MAYOR HILLMAN : "They" meaning the owner -- 4 MS . GOSSETT-SEIDMAN : Yes . 25 MAYOR HILLMAN : -- has all the approvals . Florida Court Reporting 561-689-0999 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 14 1 MS . GOSSETT-SEIDMAN : I just don ' t have the 2 whole file . 3 MAYOR HILLMAN : So, in my opinion, I don ' t 4 think we have a choice but to approve this . 5 Because if we don ' t , we ' re going to lose . So 6 they ' re going to get it anyways . And we ' re really 7 only talking about a yard, three feet . 8 MS . GOSSETT-SEIDMAN : Right . 9 MAYOR HILLMAN : So whether it extends , once 10 the boat ' s on it , 12 feet or 9 feet , it ' s still 11 going to be a very large structure sitting there . 12 So we ' re really dealing with three feet here . /1—'13 That ' s really what the discussion is . 14 MS . GOSSETT-SEIDMAN : Okay . Another 15 question . It ' s five years since this has been put 16 in, I ' m guessing . And I see these pilings are not 17 wrapped, which reduces damage and decay . 18 Has there been any structural review or 19 report on it? Is it still structurally sound? 20 It ' s been sitting in the water for five years . 21 MR. RUBIN : Well , they actually have to come 22 in and get permits . So I assume at that point the 23 building official would make that assessment . MS . GOSSETT-SEIDMAN : Okay . 25 MAYOR HILLMAN : I mean, they ' ll have to abide Florida Court Reporting R 1-tiRa-nggq 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 15 1 by all the appropriate requirements before they can 2 actually start to add the additional construction 3 and put it into use . I don ' t even think the guy 4 bought the boat yet . 5 MS . GOSSETT-SEIDMAN : I have another question 6 if you don ' t mind, Mayor . 7 MAYOR HILLMAN : Yeah, sure . 8 MS . GOSSETT-SEIDMAN : In that canal there are 9 a number of ocean-going vessels , especially on that 10 north side, when you come in on the north side of 11 your U-shaped canal, and I ' ve seen them dock . I 12 saw one guy dock with a full professional captain41/1 in uniform, and he used his side thrusters to 14 literally just plop right into his waterfront 15 property docking space . And I don ' t even 16 understand why this fellow needs a lift if his 17 neighbors are docking without a lift ; vessels 18 larger than his . 19 Is there a reason he needs a lift in the 20 first place, he can ' t just dock there on the whips 21 like his neighbors ? Which would keep this boat in 22 the water . 23 MAYOR HILLMAN : I can ' t answer that . That ' s 4 his preference, and he has a right . 25 MS . GOSSETT-SEIDMAN : Okay . I understand . Florida Court Reporting �G1 _FQQ_n000 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 16 1 Okay . Last question is , are there any other 001114 2 lingering problems with dockage marinas in your 3 area, your neighborhood, or anywhere else in town 4 emanating from safe builds and other people perhaps 5 over the years approving plans that are just 6 lingering in the wings? Do we know of any others? 7 MAYOR HILLMAN : Not to my knowledge . 8 MS . GOSSETT-SEIDMAN : Okay . 9 MAYOR HILLMAN : There could be . 10 MR . RUBIN : And we do have to limit the 11 conversation in this session to this particular 12 case . 13 MS . GOSSETT-SEIDMAN : I ' m sorry . 14 MR . RUBIN : It ' s okay . It ' s okay . 15 MAYOR HILLMAN : Yeah, we ' ve got to move . 16 We ' ve got six minutes . 17 MS . GOSSETT-SEIDMAN : Yeah . Okay . That ' s it 18 for me . A shame . 19 MS . MOORE : So I understand Greg Monty is 20 working on the marine . So what -- do you know what 21 height they ' ll be recommending? 22 MR . LABADIE : Yeah . From reading some of 23 their preliminary research, this request falls 01111N2 within the allowable height that will be brought 25 before the Commission for our marine accessory Florida Court Reporting FAl-tiRA-nggq 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 17 1 structure lift pile heights . Those are pretty 2 much -- the 7 feet is in that wheelhouse . 3 MS . MOORE : So the settlement that we are 4 about to -- I would recommend we compromise on -- 5 will be allowable once that is in effect? 6 MR . LABADIE : If we go through the process 7 and the Commission moves forward with it , yeah, 8 this would be an allowable height . And, 9 conceivably -- I mean the group is still working on 10 other items to the ordinance, but as it relates to 11 lift pile height , the threshold is -- 7 feet falls 12 within that threshold . 13 MR. RUBIN : Right . He would be able to move 14 forward once this is approved, because right now we 15 have no height limit . 16 MS . MOORE : So I recommend we move forward 17 with the settlement . 18 MAYOR HILLMAN : Anything else you want to 19 add? 20 MR . RUBIN : No, Mayor . So if the -- if the 21 consensus of the Commission is move forward to 22 settlement , we ' ll consider it as part of the 23 regular agenda . 41,4 MS . GOSSETT-SEIDMAN : One more question . 25 MAYOR HILLMAN : Once we move on this , what ' s Florida Court Reporting cc1 _cQa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 18 1 the next -- 2 MS . GOSSETT-SEIDMAN : I have one more 3 question, Mayor . I ' m sorry . 4 MAYOR HILLMAN : Go ahead . 5 MS . GOSSETT-SEIDMAN : I just wondered if Len 6 could reaffirm his position that if we did go to 7 court we would lose . Could you please explain the 8 precedent there . 9 MR . RUBIN : Well , if it did go to court it ' s 10 very likely -- I mean, you can never say for sure . 11 I ' ve won cases I probably should have lost and lost 12 cases I probably should have won . So it ' s 13 unpredictable . The problem is it ' s a very 14 difficult argument to make because, you know, it 15 was approved at that location, he expended money, 16 installed all those pilings based on that approval . 17 It ' s very tough . I did the research . I 18 couldn ' t find anything that would allow us really, 19 or a very good argument that would allow us to go 20 back and revisit that portion of the approval . And 21 that ' s really the issue with this case . 22 I mean, as Commissioner David said, yes , I 23 think there ' s navigability issues , and if we had egliN2 gone back, if we were going back to zero it would 25 be a different story entirely . But the problem is Florida Court Reporting cc1 _coa_naoa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 55/1 8/2 0 2 1 Attorney Client Session 19 1 that he relied on the Planning Board ' s approval for 4102 that location . Now the height was an issue, but 3 the location was approved twice . 4 MAYOR HILLMAN : Anything else? Anybody? 5 We ' re ready to vote . 6 MR . RUBIN : Yeah . You don ' t have to take a 7 vote . We ' re just going to move forward . It ' ll be 8 part of the regular agenda . It was advertised, the 9 resolution approving the settlement agreement . 10 MR . LABADIE : So you have to have an open 11 session . 12 MR . RUBIN : Yeah, you have to approve it in 13 open session . You can ' t approve it here . 14 MAYOR HILLMAN : Gotcha . Okay . No more 15 comments? Okay . 16 MR. RUBIN : Thank you very much . 17 MAYOR HILLMAN : You had another comment? Go 18 ahead . 19 MS . GOSSETT-SEIDMAN : I just wonder if down 20 the road we should -- this isn ' t for our session -- 21 we should revisit boards making decisions without a 22 second opinion by the Commission . I ' ll save that 23 for another day . 4 MAYOR HILLMAN : I didn ' t follow you . 25 MS . GOSSETT-SEIDMAN : I ' m just wondering if Florida Court Reporting RG1 _tiaa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 20 1 we should revisit the issue of boards making 41) 2 decisions without a second look by the Commission, 3 which other towns do . So that ' s for another day . 4 Thank you . 5 MAYOR HILLMAN : Yeah . Being that we ' re 6 offline here . 7 MR. RUBIN : Wait . Wait . 8 MS . GOSSETT-SEIDMAN : I don ' t think we can . 9 MS . DAVID : There is a record. 10 MS . GOSSETT-SEIDMAN : I rescind my comment . 11 I ' ll save it for the meeting . 12 MR . RUBIN : Okay . We will formally conclude 13 now . Thank you . 14 MAYOR HILLMAN : We will adjourn, then . 15 (Proceedings were concluded at 1 : 29 p . m . ) 16 17 18 19 20 21 22 23 forN)4 25 Florida Court Reporting �c, _GQa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 21 1 CERTIFICATE 4102 3 THE STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 I , Mary Ann Hengstler, Registered Professional 6 Reporter, do hereby certify that I was authorized to 7 and did report the foregoing proceedings at the time 8 and place herein stated, and that the foregoing is a 9 true and correct transcription of my stenotype notes 10 taken during said proceedings . 11 12 IN WITNESS WHEREOF, I have hereunto set my hand 13 this 24th day of May, 2021 . 14 15 16 17 18 19 $460100114 20 MARY ANN HENGSTLER Registered Professional Reporter 21 22 23 11,4 25 Florida Court Reporting ccl con_nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 1 WORD INDEX < A > 6:22 called 5:23 abide 14:25 area 16:3 calling 4:20 IV > able 4:8 8:5, 6 17:13 argument 18:14, 19 canal 13:1 15:8, 11 $2,500 6:22 7:10 accept 7:24 Army 13:6, 15 captain 15:12 accessory 16:25 asking 13:20 CASE 1:9 6:9,23 < 1 > accord 6:16 assessment 14:23 16:12 18:21 1:00 1:15 3:4, 6 add 5:15 15:2 17:19 assume 14:22 cases 18:11, 12 1:29 1:15 20:15 additional 5:16 ATTORNEY 2:6 cell 4:12 10 12:9 12:25 15:2 3:21 4:1 6:20 11:1 certify 21:6 1006 1:9 5:6 addressed 12:13 ATTORNEY- Certiori 6:7 7:8 10-post 5:16 adequate 13:11 CLIENT 1:8 3:1 choice 14:4 12 5:13, 18 6:3 adjacent 5:12 5:5 circuit 6:7 7:8 11:22 14:10 adjourn 20:14 attorneys 7:10 cities 9:3 18 1:2, 14 3:3 advertised 19:8 audio 4:12 CITY 2:2 advised 12:20 authorized 21:6 civil 9:9 < 2 > agencies 13:21 avoid 10:20 CLERK 3:9, 11, 13, 2 7:3 AGENDA 1:8 7:17 15, 17, 19,21,23 2017 5:10, 14, 21 17:23 19:8 closer 8:4 12:14 agree 6:21 10:17 back 5:10,21 6:1,4, code 9:6, 17 2021 1:2, 14 3:3 agreement 7:1,2, 13 19 8:17 12:14 18:20, come 6:25 7:1, 14 21:13 19:9 24 14:21 15:10 24th 21:13 agrees 7:7, 9 based 6:25 18:16 comfortable 6:19 ahead 18:4 19:18 BEACH 1:1, 14 3:3 coming 4:2 < 3 > allow 18:18, 19 5:7 21:4 comment 12:9 19:17 r3 7:7 allowable 16:24 17:5, began 5:17 20:10 3614 3:2 8 believe 13:18,22 comments 7:19 9:23 allowed 11:1 better 4:6, 19 19:15 < 4 > allowing 8:1 Board 5:11, 15 6:2, COMMISSION 1:1 4 7:9 Ann 1:24 21:5,20 4,5, 10, 13 7:6 8:12, 2:2 3:13 6:18 7:17 40,000-pound 5:11 answer 15:23 22 12:19 13:8 16:25 17:7,21 19:22 46 12:3 Anybody 19:4 boards 19:21 20:1 20:2 46-foot 12:7 anyway 6:1 Board's 19:1 Commissioner 3:9, 48 5:13 12:4 anyways 14:6 boat 5:11, 12, 16,22 11 4:17 10:8, 17 48-foot 12:1,2 APPEARANCES 2:1 6:16 7:4 8:25 11:11, 11:5, 12 18:22 3:4 21,25 12:7 15:4,21 commissioners 11:2 < 5 > appr,oved 5:11 boats 8:3 complies 9:16, 17 50-2020-CA-13920- appropriate 15:1 boat's 14:10 compromise 17:4 XXXX-MB 1:9 approval 7:17 13:12 bought 15:4 computer 5:25 10:11 18:16,20 19:1 Boulevard 3:2 conceivably 17:9 < 7 > approvals 13:5, 19,25 bridge 8:4 concern 8:11 9:14 7 6:5, 14, 19 7:4 approve 6:3 8:23 briefing 6:24 concerns 8:15,21 17:2, 11 9:18 14:4 19:12, 13 brought 16:24 conclude 20:12 approved 5:15,21 build 9:5 concluded 20:15 < 8 > 6:9, 11 8:12, 17 building 5:19 7:24 consensus 17:21 8-post 5:11 12:18 13:2, 9, 13 11:12, 14 14:23 consider 17:22 17:14 18:15 19:3 builds 16:4 construction 5:17 .'< 9 > approves 7:4 7:3 15:2 9 14:10 approving 16:5 19:9 < C > continue 4:22 12:20 approximately 5:13 call 3:7,8 conversation 16:11 Florida Court Reporting r., mnn nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 2 Corps 13:6, 15 extends 14:9 12, 15 13:4, 10, 14,20, 11:18 correct 21:9 24 14:1,8, 14,24 hooking 4:12 ("counsel 12:20 < F > 15:5, 8,25 16:8, 13, COUNTY 21:4 face 11:23 17 17:24 18:2,5 COURT 1:9 3:23 fact 8:3 12:25 19:19,25 20:8, 10 idea 4:16 5:6 6:7 7:8 18:7, 9 facts 5:10 Gotcha 19:14 impair 9:6 CUEBAS 4:17,23 fair 11:13 GRAND 1:9 5:6 impinge 8:2 10:1,3,8, 12 falls 16:23 17:11 greatly 11:6 include 13:5 far 6:23 Greg 16:19 installed 12:8 18:16 < D > February 5:10,21 group 17:9 instances 9:5 damage 14:17 feel 7:25 guess 7:25 interesting 12:6 DAVID 2:4 3:13, 14 fees 7:10 guessing 14:16 issue 8:21 9:10 4:4 7:22 8:8, 24 9:8, feet 5:13, 18,24 6:3, guy 15:3, 12 18:21 19:2 20:1 11, 14,20 10:17 11:5, 5, 14, 19 7:4 11:22 issued 5:19 12, 13, 18 12:1 18:22 12:22,23,25 14:7, 10, < H > issues 9:4 18:23 20:9 12 17:2, 11 hand 4:9 21:12 items 17:10 day 19:23 20:3 fellow 11:2 15:16 happy 10:19,22 It'll 19:7 21:13 file 14:2 hard 8:16 dealing 14:12 filed 6:2, 6 hear 4:4,5, 6, 8, 9, 10, < J > decay 14:17 find 18:18 18,23,25 5:1 9:24, JOHN 2:5 4:5, 6, 8, decisions 19:21 20:2 first 10:15 12:9 25 10:3, 7 19,25 9:22 10:6, 7 delighted 11:15 15:20 heard 10:16 12:3 denied 6:4,5 five 14:15, 20 hearing 6:12, 13 < K > different 18:25 floors 11:17 10:15 keep 15:21 ifficult 10:15 18:14 Florida 1:14,25 3:3 height 5:13,22 6:15 kind 8:19 '"discuss 5:5 7:19 21:3 8:14 16:21,24 17:8, know 8:17,20 11:18, discussion 14:13 follow 19:24 11, 15 19:2 19,20,24 16:6,20 dismiss 7:7 foregoing 3:1 21:7,8 heights 17:1 18:14 dock 9:4 15:11, 12, formally 20:12 held 3:2 knowledge 16:7 20 forward 7:16 17:7, Hello 3:10 dockage 16:2 14, 16,21 19:7 Hengstler 1:24 2:6 < L > docking 15:15, 17 four 5:24 12:23 21:5,20 LABADIE 2:6 3:19, DOUGLAS 2:2 full 15:12 hereinabove 3:5 20 16:22 17:6 19:10 drawings 5:20 further 10:20 hereunto 21:12 language 7:2, 13 HIGHLAND 1:1, 14 large 14:11 < E > < G > 3:3 5:7 larger 15:18 easy 10:21 give 4:14 HILLMAN 2:2 3:6, law 13:16 effect 17:5 go 5:8 6:24 8:5, 17 17, 18,25 4:5, 8, 13, leg 13:3 eight 12:8 17:6 18:4, 6, 9, 19 19,22,25 5:2 7:21 legal 8:22 12:21 emanating 16:4 19:17 9:22,25 10:6, 13,24 Legally 13:13, 15 entirely 18:25 goes 7:3 11:8 12:17 13:7, 11, legs 13:17 especially 15:9 going 5:9 7:15, 16 23,25 14:3, 9,25 Len 5:2 12:20 18:5 EVALYN 2:4 10:18 11:22 12:14, 15:7,23 16:7, 9, 15 LEONARD 2:6 everybody 10:22 21 14:5, 6, 11 18:24 17:18,25 18:4 19:4, lift 5:12, 17,22 6:14, EXECUTIVE 1:1, 8 19:7 14, 17, 24 20:5, 14 16 7:4 15:16, 17, 19 3:1 good 18:19 hit 10:5 17:1, 11 6:23 18:15 GOSSETT- homeowner 8:1 limit 8:3 16:10 ,xpended xpert 6:14 SEIDMAN 2:4 3:11, homeowners 8:2,25 17:15 explain 18:7 12 4:11, 16 10:25 honest 7:25 10:15 lines 12:21 11:4, 9, 16, 24 12:3, 6, Florida Court Reporting --, rf,, ,.nnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 3 lingering 16:2, 6 money 18:15 ones 11:19 preference 15:24 literally 15:14 Monty 16:19 open 19:10, 13 preliminary 16:23 .itigation 5:6 10:20 MOORE 2:2 3:15, opinion 11:2, 7 14:3 Present 3:16,20,22, little 5:8 16 10:5 16:19 17:3, 19:22 23 live 11:10 16 opinions 11:6 13:5 pretty 7:12 17:1 LLC 1:9 5:6 move 7:16 8:19 order 3:7 5:20 8:5 prior 7:6 location 6:10, 12 9:22 16:15 17:13, 16, ordinance 17:10 private 9:2 8:13, 14, 15,23 18:15 21,25 19:7 originally 5:21 probably 18:11, 12 19:2,3 moves 17:7 owner 5:17 13:23 problem 5:20 6:9 look 7:2 11:9 20:2 municipalities 9:4 owners 9:12, 19 8:8, 10, 11, 16 12:10 looked 5:23 municipality 9:17 18:13,25 lose 14:5 18:7 mute 5:25 10:5 problems 16:2 lost 18:11 muted 10:9 p.m 1:15 3:4 20:15 PROCEEDINGS 1:2 lot 5:9 9:4 page 7:3 20:15 21:7, 10 Loud 5:24 < N > PALM 21:4 process 6:24 17:6 lower 11:17 NATASHA 2:2 part 7:25 10:15 professional 15:12 navigability 18:23 17:22 19:8 21:5,20 < M > navigable 13:5 particular 16:11 property 5:12, 17 ma'am 12:5 need 12:9 pay 6:22 7:9 9:12, 19 15:15 majority 11:17 needs 6:14 15:16, 19 PEGGY 2:4 10:24 proposed 5:12 making 19:21 20:1 neighborhood 11:6 pending 5:5 Public 1:25 MANAGER 2:6 12:7 16:3 people 7:23 8:4 pursuant 9:6 3:19 7:14 neighbors 9:7 15:17, 11:14 16:4 put 14:15 15:3 maneuver 8:6 21 percentage 11:19 iblarinas 16:2 never 18:10 permit 13:16 < Q > marine 16:20,25 nobody's 10:18 permits 14:22 question 14:15 15:5 MARSHALL 2:6 noise 5:24 Personally 12:17 16:1 17:24 18:3 Mary 1:24 2:6 21:5, north 15:10 perspective 8:22 questions 7:18 12:11 20 Notary 1:25 petition 6:6 7:7 Quick 3:7 matter 13:13 noted 3:5 phone 4:12 10:9, 10, matters 13:7 notes 21:9 12, 13 < R > MAYOR 2:2 3:6, 15, number 6:11 11:14 pile 17:1, 11 raise 4:9 17, 18,25 4:5,8, 11, 15:9 pilings 5:18,22 6:16 read 10:16 13, 19,22,25 5:2 12:8 14:16 18:16 reading 16:22 7:21 9:22,25 10:6, < O > place 15:20 21:8 ready 19:5 13,24,25 11:5,8 Ocean 3:2 Planning 5:11, 15 reaffirm 18:6 12:15, 17 13:7, 11,23, ocean-going 15:9 6:2,4,5, 10, 13 7:6 really 8:13 9:18 25 14:3, 9,25 15:6, 7, October 5:14 8:12,22 12:19 13:8 13:3 14:6, 12, 13 23 16:7, 9, 15 17:18, official 5:19 14:23 19:1 18:18,21 20,25 18:3,4 19:4, offline 20:6 plans 7:5 16:5 reason 4:3 15:19 14, 17,24 20:5, 14 Oh 4:4 8:7, 18 platform 7:4 reasonable 6:15 mean 8:10, 18 14:25 Okay 3:6,9,25 4:7, please 3:7,8 18:7 recap 5:8 17:9 18:10,22 22 5:2 7:21,22 9:14, plop 15:14 recommend 17:4, 16 meaning 13:23 20,24 10:4, 6, 14,24 point 6:18 7:18 recommending 16:21 MEETING 1:1 3:7 11:16 14:14,24 14:22 record 4:21 20:9 7:6 20:11 15:25 16:1, 8, 14, 17 portion 18:20 reduces 14:17 iid 15:6 19:14, 15 20:12 position 18:6 redundant 13:2 aninutes 16:16 once 8:12 12:19 posts 5:16 refused 8:19 missing 10:22 14:9 17:5, 14,25 precedent 8:9 18:8 Registered 21:5,20 Florida Court Reporting r., rf,, ffnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 4 regular 7:17 17:23 SESSION 1:1,8 3:2 sum 7:9, 11 13:14 15:16,25 19:8 5:5 16:11 19:11, 13, super 11:21 16:19 reissue 13:16 20 Sure 4:16 7:24 11:3, Understood 9:11 relates 17:10 set 21:12 8 15:7 18:10 uniform 15:13 relied 19:1 settlement 6:8 7:1, suspected 8:20 unpredictable 18:13 report 14:19 21:7 12, 13 17:3, 17,22 use 15:3 Reported 1:24 19:9 < T > U-shaped 15:11 reporter 3:23 21:6, settling 6:19 take 19:6 usual 7:2 20 shame 16:18 taken 21:10 represent 9:3 SHOEMAKER 2:5 talked 6:8 < V > request 5:15 6:2,4, 3:9, 10 4:2, 7, 17 5:1 talking 10:10 14:7 valid 12:11 6 16:23 9:24 10:1,2,4, 8, 10, tall 5:19 versus 5:7 requirements 15:1 14 telling 7:23 vessels 15:9, 17 rescind 20:10 side 15:10, 13 Thank 3:24 9:20 VICE 2:2 3:15 research 13:12 sir 13:5, 10 10:25 19:16 20:4, 13 vocal 11:20 16:23 18:17 sitting 14:11,20 Theresa 4:14 vote 19:5, 7 resolution 19:9 situation 10:18 thing 11:15 rest 7:12 six 16:16 think 10:5, 8 13:7 < W > review 14:18 size 8:3 11:25 14:4 15:3 18:23 Wait 20:7 revisit 18:20 19:21 somebody 4:11 20:8 want 17:18 20:1 sorry 16:13 18:3 thought 7:14 12:3 wanted 7:19 9:1 RICHARD 1:9 5:6 sort 6:15 three 12:22,25 14:7, water 11:21 14:20 right 5:4 9:8 11:12 sound 4:2 14:19 12 15:22 14:8 15:14,24 17:13, South 3:2 threshold 17:11, 12 waterfront 15:14 illi4 space 15:15 thrusters 15:13 weigh 11:6 12:16 `rights 8:2 9:1,3, 7 specifically 5:23 time 5:9 6:8 7:15, welcome 9:21 riparian 9:7 spend 5:9 20 10:19 21:7 Well 9:2 11:13 13:4 road 19:20 stand 13:3, 17 TOUCHETTE 1:9 14:21 18:9 roll 3:7 standard 7:13 5:7 6:1, 6,20 went 5:18 6:19 RPR 1:24 start 7:21 15:2 tough 10:17 18:17 we're 7:15, 16 12:21 RUBIN 2:6 3:21,22 starting 3:4 TOWN 1:1 2:6 14:5, 6, 12 19:5, 7 5:4 8:7, 10 9:2, 9, 12, State 1:25 13:16 3:19,21 5:7 6:17,21 20:5 16,21 11:3 12:2,5, 21:3 7:9, 14 8:16 16:3 We've 12:19 16:15, 10, 13 13:18,21 stated 21:8 towns 20:3 16 14:21 16:10, 14 STENOGRAPHER TRANSCRIPT 1:2 wheelhouse 17:2 17:13,20 18:9 19:6, 2:6 transcription 21:9 WHEREOF 21:12 12, 16 20:7, 12 Stenographically 1:24 true 21:9 whips 15:20 stenotype 21:9 trying 6:20 win 12:21 < S > sticks 13:1 TUESDAY 1:2, 14 wings 16:6 safe 16:4 stop 5:19 3:3 wit 3:5 save 19:22 20:11 story 18:25 turn 3:25 5:2 WITNESS 21:12 saw 15:12 structural 14:18 twice 6:12 8:12, 17, won 18:11, 12 saying 7:23 structurally 14:19 23 11:11 12:19 13:2, wonder 13:4 19:19 says 6:14 structure 11:22 9 19:3 wondered 13:15 18:5 second 4:14 19:22 14:11 17:1 two 4:15 5:15 wondering 19:25 20:2 submitted 7:5 work 5:19 lection 7:3, 7, 9 subsequently 5:14 working 16:20 17:9 ee 10:21 14:16 substance 7:11 understand 7:22 8:7, worried 8:1 seen 15:11 sudden 5:18 11, 15,21,24 12:12 wrapped 14:17 Florida Court Reporting r c con n n r n 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 55/1 8/2 0 2 1 Attorney Client Session 5 Writ 6:7 7:8 .< Y > yard 14:7 Yeah 8:10 9:11 11:24 13:21 15:7 16:15, 17,22 17:7 19:6, 12 20:5 years 14:15,20 16:5 < Z > zero 18:24 Zoom 2:5 Florida Court Reporting 581-689-0999 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 1 1 TOWN OF HIGHLAND BEACH TOWN COMMISSION EXECUTIVE SESSION MEETING 2 TUESDAY, May 18 , 2021 3 4 5 6 Q \ 1U9 � � ... 7 TRANSCRIPT OF PROCEEDINGS 8 - - - ATTORNEY-CLIENT EXECUTIVE SESSION AGENDA 9 RE : 1006 GRAND COURT LLC AND RICHARD TOUCHETTE CASE NO . 50-2020-CA-13920-XXXX-MB 10 - - - 11 12 3 14 Highland Beach, Florida Tuesday, May 18 , 2021 15 1 : 00 p . m . - 1 : 29 p . m. 16 17 18 19 20 21 22 2 3 '4 Stenographically Reported by Mary Ann Hengstler, RPR 25 Notary Public, State of Florida Florida Court Reporting RG1_�AQ_l1000 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 2 1 APPEARANCES : 4/12 MAYOR DOUGLAS HILLMAN VICE MAYOR NATASHA MOORE 3 CITY COMMISSION : 4 PEGGY GOSSETT-SEIDMAN EVALYN DAVID 5 JOHN SHOEMAKER (By Zoom) 6 MARSHALL LABADIE - TOWN MANAGER LEONARD RUBIN - TOWN ATTORNEY 7 MARY HENGSTLER - STENOGRAPHER 8 9 10 11 12 ^13 14 15 16 17 18 19 20 21 22 23 r'_4 25 Florida Court Reporting ;tii-tiRA-naaQ 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 3 1 The foregoing Attorney-Client Executive 2 Session was held at 3614 South Ocean Boulevard, 3 Highland Beach, Florida, on Tuesday, May 18 , 2021 , 4 starting at 1 : 00 p . m . , with appearances as 5 hereinabove noted, to wit : 6 MAYOR HILLMAN : Okay . It ' s 1 : 00 . Can we 7 call this meeting to order, please . Quick roll 8 call please . 9 THE CLERK : Okay . Commissioner Shoemaker . 10 MR. SHOEMAKER : Hello . 11 THE CLERK : Commissioner Gossett-Seidman . 12 MS . GOSSETT-SEIDMAN : Here . 13 THE CLERK : Commission David . 14 MS . DAVID : Here . 15 THE CLERK : Vice Mayor Moore . 16 MS . MOORE : Present . 17 THE CLERK : Mayor Hillman . 18 MAYOR HILLMAN : Here . 19 THE CLERK : Town Manager Labadie . 20 MR . LABADIE : Present . 21 THE CLERK : And Town Attorney Rubin . 22 MR . RUBIN : Present . 23 THE CLERK : And the court reporter is present 4 too . Thank you . 25 MAYOR HILLMAN : Okay . We will turn this over Florida Court Reporting R 1_FQQ_nQQQ 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 4 1 to our attorney . 2 MR . SHOEMAKER: My sound is not coming in for 3 some reason . 4 MS . DAVID : Oh, he can ' t hear us . 5 MAYOR HILLMAN : You can ' t hear us? John, is 6 that better? We can hear you, John . 7 MR. SHOEMAKER: Okay . So why is it -- 8 MAYOR HILLMAN : John, are you able to hear me 9 now? If you can hear me, raise your hand . He 10 can ' t hear us . 11 MS . GOSSETT-SEIDMAN : Mayor, could somebody 12 do the audio by hooking him up on a cell phone? 13 MAYOR HILLMAN : If we have to, that ' s what 14 we ' ll do . Theresa -- let ' s give Theresa a second 15 or two . 16 MS . GOSSETT-SEIDMAN : Sure . Just an idea . 17 MS . CUEBAS : Commissioner Shoemaker, can you 18 hear us? 19 MAYOR HILLMAN : Any better, John? He ' s 20 calling now . 21 (Off the record . ) 22 MAYOR HILLMAN : Okay . We ' ll continue . 23 MS . CUEBAS : Can you hear -- can you hear on 00.N24 our end? 25 MAYOR HILLMAN : Can you hear me now, John? Florida Court Reporting ; 1 —tiRA—nQAA 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 5 1 MR. SHOEMAKER : Yes , I can hear you . 2 MAYOR HILLMAN : Okay . Len, we ' ll turn it 3 over to you . 4 MR . RUBIN : All right . So this is another 5 attorney-client session to discuss the pending 6 litigation, 1006 Grand Court, LLC and Richard 7 Touchette versus Town of Highland Beach . 8 Just a little recap . We did go over this 9 last time . So I ' m not going to spend a lot of time 10 on the facts . But back in February 2017 , the 11 Planning Board appr, oved a 40 , 000-pound 8-post boat 12 lift adjacent to the property . The proposed boat41, is approximately 48 feet, and 12 feet in height . 14 So, then, subsequently, in October 2017 , the 15 Planning Board approved a request to add two 16 additional posts . So it became a 10-post boat 17 lift . The property owner began construction, the 18 pilings went in . All of a sudden they were 12 feet 19 tall . The building official issued a stop work 20 order . The problem was that on the drawings that 21 were originally approved back in February 2017 , the 22 height of the boat lift pilings was not 23 specifically called out . It looked like they were 4 four feet , but those were actually -- (Loud noise) 25 You might have to mute your computer . But Florida Court Reporting �ti1 -tiRa-naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 6 1 anyway, so they came back, Mr . Touchette came back 01142 and he filed a request before the Planning Board to 3 actually have them approve the 12 feet . The 4 Planning Board denied the request . He came back at 5 7 feet , and the Planning Board again denied the 6 request ; and Mr . Touchette filed a petition for 7 Writ of Certiori in the circuit court . 8 So last time we talked about a settlement of 9 this case . The problem is that it was approved by 10 the Planning Board at that location with that 11 number of -- it was actually approved at that 12 location twice . And at the hearing before the Planning Board, the last most recent hearing, even 14 our expert says he needs the lift 7 feet , that 15 that ' s a reasonable height . And that is sort of in 16 accord with what other boat lift pilings are 17 throughout the Town . 18 So at that point, the Commission seemed 19 comfortable settling at the 7 feet . I went back to 20 the attorney for Mr . Touchette, trying to get 21 something else for the Town . And he did agree to 22 pay us $2 , 500 , which was approximately what I had 23 expended on this case thus far without actually 0100N,4 having to go through the briefing process . 25 So we did come up -- based on that , we did Florida Court Reporting 5F1 -FRA-nagq 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 7 1 come up with a settlement agreement . Most of it is f 2 the usual agreement language . But if you look on 3 page 2 , Section 2 , it goes into the construction of 4 the boat lift platform. It approves it at 7 feet 5 according to the plans that he actually submitted 6 prior to the last Planning Board meeting . And then 7 in Section 3 he agrees to dismiss the petition for 8 Writ of certiori in the circuit court . And in 9 Section 4 he agrees to pay the Town the sum of 10 $2 , 500 towards our attorneys ' fees . 11 So that ' s the sum and substance of the 12 settlement . As I said, the rest of it is pretty 3 standard settlement agreement language . But the 14 Town Manager and I thought we should at least come 15 before you one more time since if we ' re going to 16 move -- if we ' re going to move forward, it ' s on the 17 regular commission agenda for approval . 18 So if you had any questions at this point or 19 comments or anything you wanted to discuss , now 20 would be the time . 21 MAYOR HILLMAN : Okay . Let me start with you . 22 MS . DAVID : Okay . I understand what you ' re 23 saying . I am telling you, the people in my 4 building will not accept it . And I ' m not sure how 25 I feel about it to be honest . I guess part of what Florida Court Reporting c i -FRa-Haag 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 8 1 I ' m worried about is allowing one homeowner to 2 impinge on the rights of other homeowners . And, in 3 fact , what this will do is limit the size of boats 4 that the people closer to the bridge that have to 5 go past him will be able to have in order to be 6 able to maneuver . 7 MR . RUBIN : Oh, and I understand that . 8 MS . DAVID : And I have a problem with a 9 precedent like that . 10 MR . RUBIN : Yeah . I mean, the problem is -- 11 I understand that concern . The problem is that , 12 not once but twice, the Planning Board approved it 41/13 at that location . So it really became more about 14 the height than location . 15 I understand the concerns about the location . 16 But the problem is it ' s hard for the Town, you 17 know, you approved it twice, to go back and say, 18 "Oh, no, you can ' t have it there . " I mean, I did 19 ask him to move it . He refused . Which I kind of 20 suspected that they would, you know . But I do 21 understand your concerns , but the issue, from a 22 legal perspective, is that the Planning Board did 23 approve it at that location twice . 4 MS . DAVID : I understand that . Would the 25 homeowners who couldn ' t get a boat that they Florida Court Reporting c i _.QO_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 9 1 wanted, would they have any rights against him? 2 MR . RUBIN : Well , they always have private 3 rights . And I represent other cities , 4 municipalities with a lot of dock issues . And so 5 there are instances where you can build something 6 pursuant to the code but, yet , it might impair the 7 riparian rights of your neighbors . 8 MS . DAVID : Right . 9 MR . RUBIN : And then it becomes a civil 10 issue -- 11 MS . DAVID : Yeah . Understood . 12 MR . RUBIN : -- among the property owners that 3 are affected . 14 MS . DAVID : Okay . If there ' s concern, then, 15 at least -- 16 MR . RUBIN : But if it complies with -- in any 17 municipality, if it complies with our code , then we 18 really have to approve it . And then it ' s really up 19 to those property owners . 20 MS . DAVID : Okay . Thank you . 21 MR. RUBIN : You ' re welcome . 22 MAYOR HILLMAN : John, move it over to you . 23 Any comments? MR . SHOEMAKER : So if you can hear me okay . 25 MAYOR HILLMAN : Now we can ' t hear you . Florida Court Reporting c 1 _tiQQ_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 10 1 MS . CUEBAS : Mr . Shoemaker . 2 MR . SHOEMAKER : Yes . 3 MS . CUEBAS : We can hear you . 4 MR . SHOEMAKER : Okay . 5 MS . MOORE : I think he hit mute . 6 MAYOR HILLMAN : John, after you said okay we 7 can ' t hear you . Cannot hear you, John . 8 MS . CUEBAS : Commissioner Shoemaker, I think 9 you may have muted your phone . 10 MR . SHOEMAKER: Am I talking into the phone 11 or the computer? 12 MS . CUEBAS : Into the phone . �13 MAYOR HILLMAN : Into the phone . 14 MR . SHOEMAKER: Okay, then . So it was 15 difficult hearing the first part , I ' ll be honest . 16 But from what I ' ve read and what I ' ve heard, I 17 agree with Commissioner David . This is a tough 18 situation, and it seems like nobody ' s going to be 19 happy with this . But at the same time, I would 20 like to avoid further litigation . 21 It ' s not easy . I just -- I don ' t see where 22 we can make everybody happy, unless I ' m missing 23 something here . °24 MAYOR HILLMAN : Okay . Peggy . 25 MS . GOSSETT-SEIDMAN : Thank you, Mayor . Florida Court Reporting �a1 _aaa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 11 1 Attorney, are we allowed -- am I allowed to ask my 2 fellow commissioners their opinion? 3 MR. RUBIN : Sure . You could . 4 MS . GOSSETT-SEIDMAN : So I would like to ask 5 the Mayor and Commissioner David, this is their 6 neighborhood . Their opinions greatly weigh, in my 7 opinion . 8 MAYOR HILLMAN : Sure . 9 MS . GOSSETT-SEIDMAN : Because I don ' t look at 10 it . I don ' t live there . I ' ve been through there 11 twice by boat . If I could ask each of you . 12 Commissioner David, that ' s your building, right? 01111" 13 MS . DAVID : Yes . Well , there are a fair 14 number of people in my building who are less than 15 delighted with this whole thing . 16 MS . GOSSETT-SEIDMAN : Okay . Would you say a 17 majority? Is it the lower floors or everyone? 18 MS . DAVID : You know what , to be honest, I 19 don ' t know what the percentage is . But the ones 20 who are against it are very vocal . And, you know, 21 when this boat is out of the water, it has a super 22 structure of 12 feet . So it ' s going to be in your 23 face . 0.14'24 MS . GOSSETT-SEIDMAN : Yeah . Do we know what 25 size boat it is? Florida Court Reporting ccl _con_n000 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 12 1 MS . DAVID : 48-foot . 4102 MR . RUBIN : 48-foot . 3 MS . GOSSETT-SEIDMAN : I thought I heard 46 . 4 So 48 ? 5 MR . RUBIN : Yes , ma ' am . 6 MS . GOSSETT-SEIDMAN : That ' s interesting . 7 Because we have a 46-foot boat in our neighborhood 8 recently installed and it has eight pilings . So 9 why do we need 10? That would be my first comment . 10 MR . RUBIN : Again, the problem is these 11 questions , which are all valid questions -- 12 MS . GOSSETT-SEIDMAN : I understand . 13 MR . RUBIN : -- should have been addressed 14 going back to 2017 but . . . 15 MS . GOSSETT-SEIDMAN : And, Mayor, could you 16 weigh in . 17 MAYOR HILLMAN : Personally I don ' t like it at 18 all, but here we are . It has been approved by the 19 Planning Board, not once but twice . We ' ve been 20 advised by Len, counsel , that if we continue along 21 the legal lines , we ' re not going to win . So as 22 much as I don ' t like it , it ' s only three feet more 23 than the four feet , which is what we would like . 24 But what I don ' t like the most isn ' t so much 25 the additional three feet as it is the fact that it Florida Court Reporting �ci _coo_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 13 1 sticks out so much into the canal . But , again, I ' m 2 being redundant . It ' s been approved twice . So we 3 really don ' t have a leg to stand on here . 4 MS . GOSSETT-SEIDMAN : Well , I wonder if those 5 approvals , sir, did they include navigable opinions 6 by the Army Corps? 7 MAYOR HILLMAN : I don ' t think it matters 8 whether it did or they didn ' t . Our Planning Board 9 approved it twice . 10 MS . GOSSETT-SEIDMAN : Yes , sir . 11 MAYOR HILLMAN : Whether they did the adequate 12 research or not when they did the approval doesn ' t i3 matter . Legally it ' s been approved . 14 MS . GOSSETT-SEIDMAN : I understand . I just 15 wondered if, legally if the Army Corps did not 16 reissue a permit , which is a state law, then we 17 have any other legs to stand on . 18 MR . RUBIN : I believe there were all the 19 approvals from -- 20 MS . GOSSETT-SEIDMAN : That ' s what I ' m asking . 21 MR . RUBIN : Yeah . From the other agencies . 22 Yes , I believe there were . 23 MAYOR HILLMAN : "They" meaning the owner -- 4 MS . GOSSETT-SEIDMAN : Yes . 25 MAYOR HILLMAN : -- has all the approvals . Florida Court Reporting oc1 _cQa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 14 1 MS . GOSSETT-SEIDMAN : I just don ' t have the 2 whole file . 3 MAYOR HILLMAN : So, in my opinion, I don ' t 4 think we have a choice but to approve this . 5 Because if we don ' t , we ' re going to lose . So 6 they ' re going to get it anyways . And we ' re really 7 only talking about a yard, three feet . 8 MS . GOSSETT-SEIDMAN : Right . 9 MAYOR HILLMAN : So whether it extends , once 10 the boat ' s on it , 12 feet or 9 feet , it ' s still 11 going to be a very large structure sitting there . 12 So we ' re really dealing with three feet here . 13 That ' s really what the discussion is . 14 MS . GOSSETT-SEIDMAN : Okay . Another 15 question . It ' s five years since this has been put 16 in, I ' m guessing . And I see these pilings are not 17 wrapped, which reduces damage and decay . 18 Has there been any structural review or 19 report on it? Is it still structurally sound? 20 It ' s been sitting in the water for five years . 21 MR . RUBIN : Well , they actually have to come 22 in and get permits . So I assume at that point the 23 building official would make that assessment . 0 '-4 MS . GOSSETT-SEIDMAN : Okay . 25 MAYOR HILLMAN : I mean, they ' ll have to abide Florida Court Reporting ci _tina_noaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 15 1 by all the appropriate requirements before they can ON2 actually start to add the additional construction 3 and put it into use . I don ' t even think the guy 4 bought the boat yet . 5 MS . GOSSETT-SEIDMAN : I have another question 6 if you don ' t mind, Mayor . 7 MAYOR HILLMAN : Yeah, sure . 8 MS . GOSSETT-SEIDMAN : In that canal there are 9 a number of ocean-going vessels , especially on that 10 north side, when you come in on the north side of 11 your U-shaped canal, and I ' ve seen them dock . I 12 saw one guy dock with a full professional captain 13 in uniform, and he used his side thrusters to 14 literally just plop right into his waterfront 15 property docking space . And I don ' t even 16 understand why this fellow needs a lift if his 17 neighbors are docking without a lift; vessels 18 larger than his . 19 Is there a reason he needs a lift in the 20 first place, he can ' t just dock there on the whips 21 like his neighbors? Which would keep this boat in 22 the water . 23 MAYOR HILLMAN : I can ' t answer that . That ' s 24 his preference, and he has a right . 25 MS . GOSSETT-SEIDMAN : Okay . I understand . Florida Court Reporting �g1 _tiQQ_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 16 1 Okay . Last question is , are there any other 0014 2 lingering problems with dockage marinas in your 3 area, your neighborhood, or anywhere else in town 4 emanating from safe builds and other people perhaps 5 over the years approving plans that are just 6 lingering in the wings? Do we know of any others? 7 MAYOR HILLMAN : Not to my knowledge . 8 MS . GOSSETT-SEIDMAN : Okay . 9 MAYOR HILLMAN : There could be . 10 MR . RUBIN : And we do have to limit the 11 conversation in this session to this particular 12 case . emk13 MS . GOSSETT-SEIDMAN : I ' m sorry . 14 MR . RUBIN : It ' s okay . It ' s okay . 15 MAYOR HILLMAN : Yeah, we ' ve got to move . 16 We ' ve got six minutes . 17 MS . GOSSETT-SEIDMAN : Yeah . Okay . That ' s it 18 for me . A shame . 19 MS . MOORE : So I understand Greg Monty is 20 working on the marine . So what -- do you know what 21 height they ' ll be recommending? 22 MR. LABADIE : Yeah . From reading some of 23 their preliminary research, this request falls within the allowable height that will be brought 25 before the Commission for our marine accessory Florida Court Reporting cFi _FRa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 17 1 structure lift pile heights . Those are pretty 2 much -- the 7 feet is in that wheelhouse . 3 MS . MOORE : So the settlement that we are 4 about to -- I would recommend we compromise on -- 5 will be allowable once that is in effect? 6 MR . LABADIE : If we go through the process 7 and the Commission moves forward with it , yeah, 8 this would be an allowable height . And, 9 conceivably -- I mean the group is still working on 10 other items to the ordinance, but as it relates to 11 lift pile height, the threshold is -- 7 feet falls 12 within that 41/13 MR . RUBIN : Right . He would be able to move 14 forward once this is approved, because right now we 15 have no height limit . 16 MS . MOORE : So I recommend we move forward 17 with the settlement . 18 MAYOR HILLMAN : Anything else you want to 19 add? 20 MR . RUBIN : No, Mayor . So if the -- if the 21 consensus of the Commission is move forward to 22 settlement , we ' ll consider it as part of the 23 regular agenda . 4 MS . GOSSETT-SEIDMAN : One more question . 25 MAYOR HILLMAN : Once we move on this , what ' s Florida Court Reporting �ti1 _gQa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 18 1 the next -- 2 MS . GOSSETT-SEIDMAN : I have one more 3 question, Mayor . I ' m sorry . 4 MAYOR HILLMAN : Go ahead . 5 MS . GOSSETT-SEIDMAN : I just wondered if Len 6 could reaffirm his position that if we did go to 7 court we would lose . Could you please explain the 8 precedent there . 9 MR . RUBIN : Well , if it did go to court it ' s 10 very likely -- I mean, you can never say for sure . 11 I ' ve won cases I probably should have lost and lost 12 cases I probably should have won . So it ' s 13 unpredictable . The problem is it ' s a very 14 difficult argument to make because , you know, it 15 was approved at that location, he expended money, 16 installed all those pilings based on that approval . 17 It ' s very tough . I did the research . I 18 couldn ' t find anything that would allow us really, 19 or a very good argument that would allow us to go 20 back and revisit that portion of the approval . And 21 that ' s really the issue with this case . 22 I mean, as Commissioner David said, yes , I 23 think there ' s navigability issues , and if we had 24 gone back, if we were going back to zero it would 25 be a different story entirely . But the problem is Florida Court Reporting nri con_nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 19 1 that he relied on the Planning Board ' s approval for 4102 that location . Now the height was an issue, but 3 the location was approved twice . 4 MAYOR HILLMAN : Anything else? Anybody? 5 We ' re ready to vote . 6 MR . RUBIN : Yeah . You don ' t have to take a 7 vote . We ' re just going to move forward . It ' ll be 8 part of the regular agenda . It was advertised, the 9 resolution approving the settlement agreement . 10 MR . LABADIE : So you have to have an open 11 session . 12 MR . RUBIN : Yeah, you have to approve it in 1 3 open session . You can ' t approve it here . 14 MAYOR HILLMAN : Gotcha . Okay . No more 15 comments? Okay . 16 MR. RUBIN : Thank you very much . 17 MAYOR HILLMAN : You had another comment? Go 18 ahead . 19 MS . GOSSETT-SEIDMAN : I just wonder if down 20 the road we should -- this isn ' t for our session -- 21 we should revisit boards making decisions without a 22 second opinion by the Commission . I ' ll save that 23 for another day . 74 MAYOR HILLMAN : I didn ' t follow you . 25 MS . GOSSETT-SEIDMAN : I ' m just wondering if Florida Court Reporting C c1 _coa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 55/1 8/2 0 2 1 Attorney Client Session 20 1 we should revisit the issue of boards making 2 decisions without a second look by the Commission, 3 which other towns do . So that ' s for another day . 4 Thank you . 5 MAYOR HILLMAN : Yeah . Being that we ' re 6 offline here . 7 MR . RUBIN : Wait . Wait . 8 MS . GOSSETT-SEIDMAN : I don ' t think we can . 9 MS . DAVID : There is a record . 10 MS . GOSSETT-SEIDMAN : I rescind my comment . 11 I ' ll save it for the meeting . 12 MR . RUBIN : Okay . We will formally conclude 13 now . Thank you . 14 MAYOR HILLMAN : We will adjourn, then . 15 (Proceedings were concluded at 1 : 29 p . m. ) 16 17 18 19 20 21 22 23 4 25 Florida Court Reporting cc1 _coo_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 21 1 CERTIFICATE 41/ 2 3 THE STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 I , Mary Ann Hengstler, Registered Professional 6 Reporter, do hereby certify that I was authorized to 7 and did report the foregoing proceedings at the time 8 and place herein stated, and that the foregoing is a 9 true and correct transcription of my stenotype notes 10 taken during said proceedings . 11 12 IN WITNESS WHEREOF, I have hereunto set my hand 13 this 24th day of May, 2021 . 14 15 16 17 18 01411114 19 20 MARY ANN HENGSTLER Registered Professional Reporter 21 22 23 4 25 Florida Court Reporting cc1 _coa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/18/2021 Attorney Client Session 1 WORD INDEX < A > 6:22 called 5:23 abide 14:25 area 16:3 calling 4:20 IV > able 4:8 8:5, 6 17:13 argument 18:14, 19 canal 13:1 15:8, 11 $2,500 6:22 7:10 accept 7:24 Army 13:6, 15 captain 15:12 accessory 16:25 asking 13:20 CASE 1:9 6:9,23 < 1 > accord 6:16 assessment 14:23 16:12 18:21 1:00 1:15 3:4, 6 add 5:15 15:2 17:19 assume 14:22 cases 18:11, 12 1:29 1:15 20:15 additional 5:16 ATTORNEY 2:6 cell 4:12 10 12:9 12:25 15:2 3:21 4:1 6:20 11:1 certify 21:6 1006 1:9 5:6 addressed 12:13 ATTORNEY- Certiori 6:7 7:8 10-post 5:16 adequate 13:11 CLIENT 1:8 3:1 choice 14:4 12 5:13, 18 6:3 adjacent 5:12 5:5 circuit 6:7 7:8 11:22 14:10 adjourn 20:14 attorneys 7:10 cities 9:3 18 1:2, 14 3:3 advertised 19:8 audio 4:12 CITY 2:2 advised 12:20 authorized 21:6 civil 9:9 < 2 > agencies 13:21 avoid 10:20 CLERK 3:9, 11, 13, 2 7:3 AGENDA 1:8 7:17 15, 17, 19,21,23 2017 5:10, 14,21 17:23 19:8 closer 8:4 12:14 agree 6:21 10:17 back 5:10,21 6:1,4, code 9:6, 17 2021 1:2, 14 3:3 agreement 7:1,2, 13 19 8:17 12:14 18:20, come 6:25 7:1, 14 21:13 19:9 24 14:21 15:10 24th 21:13 agrees 7:7, 9 based 6:25 18:16 comfortable 6:19 ahead 18:4 19:18 BEACH 1:1, 14 3:3 coming 4:2 < 3 > allow 18:18, 19 5:7 21:4 comment 12:9 19:17 -. 3 7:7 allowable 16:24 17:5, began 5:17 20:10 3614 3:2 8 believe 13:18,22 comments 7:19 9:23 allowed 11:1 better 4:6, 19 19:15 < 4 > allowing 8:1 Board 5:11, 15 6:2, COMMISSION 1:1 4 7:9 Ann 1:24 21:5,20 4,5, 10, 13 7:6 8:12, 2:2 3:13 6:18 7:17 40,000-pound 5:11 answer 15:23 22 12:19 13:8 16:25 17:7,21 19:22 46 12:3 Anybody 19:4 boards 19:21 20:1 20:2 46-foot 12:7 anyway 6:1 Board's 19:1 Commissioner 3:9, 48 5:13 12:4 anyways 14:6 boat 5:11, 12, 16,22 11 4:17 10:8, 17 48-foot 12:1,2 APPEARANCES 2:1 6:16 7:4 8:25 11:11, 11:5, 12 18:22 3:4 21,25 12:7 15:4,21 commissioners 11:2 < 5 > appr,oved 5:11 boats 8:3 complies 9:16, 17 50-2020-CA-13920- appropriate 15:1 boat's 14:10 compromise 17:4 XXXX-MB 1:9 approval 7:17 13:12 bought 15:4 computer 5:25 10:11 18:16,20 19:1 Boulevard 3:2 conceivably 17:9 < 7 > approvals 13:5, 19,25 bridge 8:4 concern 8:11 9:14 7 6:5, 14, 19 7:4 approve 6:3 8:23 briefing 6:24 concerns 8:15,21 17:2, 11 9:18 14:4 19:12, 13 brought 16:24 conclude 20:12 approved 5:15, 21 build 9:5 concluded 20:15 < 8 > 6:9, 11 8:12, 17 building 5:19 7:24 consensus 17:21 8-post 5:11 12:18 13:2, 9, 13 11:12, 14 14:23 consider 17:22 17:14 18:15 19:3 builds 16:4 construction 5:17 -- < 9 > approves 7:4 7:3 15:2 9 14:10 approving 16:5 19:9 < C > continue 4:22 12:20 approximately 5:13 call 3:7, 8 conversation 16:11 Florida Court Reporting cFi -FRA-nega 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 55/1 8/2 0 2 1 Attorney Client Session 2 Corps 13:6, 15 extends 14:9 12, 15 13:4, 10, 14,20, 11:18 correct 21:9 24 14:1,8, 14,24 hooking 4:12 ',counsel 12:20 < F > 15:5, 8,25 16:8, 13, COUNTY 21:4 face 11:23 17 17:24 18:2,5 COURT 1:9 3:23 fact 8:3 12:25 19:19,25 20:8, 10 idea 4:16 5:6 6:7 7:8 18:7,9 facts 5:10 Gotcha 19:14 impair 9:6 CUEBAS 4:17,23 fair 11:13 GRAND 1:9 5:6 impinge 8:2 10:1,3,8, 12 falls 16:23 17:11 greatly 11:6 include 13:5 far 6:23 Greg 16:19 installed 12:8 18:16 < D > February 5:10,21 group 17:9 instances 9:5 damage 14:17 feel 7:25 guess 7:25 interesting 12:6 DAVID 2:4 3:13, 14 fees 7:10 guessing 14:16 issue 8:21 9:10 4:4 7:22 8:8,24 9:8, feet 5:13, 18,24 6:3, guy 15:3, 12 18:21 19:2 20:1 11, 14,20 10:17 11:5, 5, 14, 19 7:4 11:22 issued 5:19 12, 13, 18 12:1 18:22 12:22,23,25 14:7, 10, < H > issues 9:4 18:23 20:9 12 17:2, 11 hand 4:9 21:12 items 17:10 day 19:23 20:3 fellow 11:2 15:16 happy 10:19,22 It'll 19:7 21:13 file 14:2 hard 8:16 dealing 14:12 filed 6:2, 6 hear 4:4,5, 6, 8, 9, 10, <J > decay 14:17 find 18:18 18,23,25 5:1 9:24, JOHN 2:5 4:5, 6, 8, decisions 19:21 20:2 first 10:15 12:9 25 10:3, 7 19,25 9:22 10:6, 7 delighted 11:15 15:20 heard 10:16 12:3 denied 6:4,5 five 14:15,20 hearing 6:12, 13 < K > different 18:25 floors 11:17 10:15 keep 15:21 ifficult 10:15 18:14 Florida 1:14, 25 3:3 height 5:13,22 6:15 kind 8:19 `discuss 5:5 7:19 21:3 8:14 16:21,24 17:8, know 8:17,20 11:18, discussion 14:13 follow 19:24 11, 15 19:2 19,20,24 16:6,20 dismiss 7:7 foregoing 3:1 21:7, 8 heights 17:1 18:14 dock 9:4 15:11, 12, formally 20:12 held 3:2 knowledge 16:7 20 forward 7:16 17:7, Hello 3:10 dockage 16:2 14, 16,21 19:7 Hengstler 1:24 2:6 < L > docking 15:15, 17 four 5:24 12:23 21:5,20 LABADIE 2:6 3:19, DOUGLAS 2:2 full 15:12 hereinabove 3:5 20 16:22 17:6 19:10 drawings 5:20 further 10:20 hereunto 21:12 language 7:2, 13 HIGHLAND 1:1, 14 large 14:11 < E > < G > 3:3 5:7 larger 15:18 easy 10:21 give 4:14 HILLMAN 2:2 3:6, law 13:16 effect 17:5 go 5:8 6:24 8:5, 17 17, 18,25 4:5, 8, 13, leg 13:3 eight 12:8 17:6 18:4, 6, 9, 19 19,22,25 5:2 7:21 legal 8:22 12:21 emanating 16:4 19:17 9:22,25 10:6, 13,24 Legally 13:13, 15 entirely 18:25 goes 7:3 11:8 12:17 13:7, 11, legs 13:17 especially 15:9 going 5:9 7:15, 16 23,25 14:3, 9,25 Len 5:2 12:20 18:5 EVALYN 2:4 10:18 11:22 12:14, 15:7,23 16:7,9, 15 LEONARD 2:6 everybody 10:22 21 14:5, 6, 11 18:24 17:18,25 18:4 19:4, lift 5:12, 17,22 6:14, EXECUTIVE 1:1,8 19:7 14, 17,24 20:5, 14 16 7:4 15:16, 17, 19 3:1 good 18:19 hit 10:5 17:1, 11 xpended 6:23 18:15 GOSSETT- homeowner 8:1 limit 8:3 16:10 expert 6:14 SEIDMAN 2:4 3:11, homeowners 8:2,25 17:15 explain 18:7 12 4:11, 16 10:25 honest 7:25 10:15 lines 12:21 11:4, 9, 16,24 12:3, 6, Florida Court Reporting rr, cnn nnnn 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 3 lingering 16:2, 6 money 18:15 ones 11:19 preference 15:24 literally 15:14 Monty 16:19 open 19:10, 13 preliminary 16:23 .litigation 5:6 10:20 MOORE 2:2 3:15, opinion 11:2, 7 14:3 Present 3:16,20,22, little 5:8 16 10:5 16:19 17:3, 19:22 23 live 11:10 16 opinions 11:6 13:5 pretty 7:12 17:1 LLC 1:9 5:6 move 7:16 8:19 order 3:7 5:20 8:5 prior 7:6 location 6:10, 12 9:22 16:15 17:13, 16, ordinance 17:10 private 9:2 8:13, 14, 15,23 18:15 21,25 19:7 originally 5:21 probably 18:11, 12 19:2,3 moves 17:7 owner 5:17 13:23 problem 5:20 6:9 look 7:2 11:9 20:2 municipalities 9:4 owners 9:12, 19 8:8, 10, 11, 16 12:10 looked 5:23 municipality 9:17 18:13,25 lose 14:5 18:7 mute 5:25 10:5 problems 16:2 lost 18:11 muted 10:9 p.m 1:15 3:4 20:15 PROCEEDINGS 1:2 lot 5:9 9:4 page 7:3 20:15 21:7, 10 Loud 5:24 < N > PALM 21:4 process 6:24 17:6 lower 11:17 NATASHA 2:2 part 7:25 10:15 professional 15:12 navigability 18:23 17:22 19:8 21:5,20 < M > navigable 13:5 particular 16:11 property 5:12, 17 ma'am 12:5 need 12:9 pay 6:22 7:9 9:12, 19 15:15 majority 11:17 needs 6:14 15:16, 19 PEGGY 2:4 10:24 proposed 5:12 making 19:21 20:1 neighborhood 11:6 pending 5:5 Public 1:25 MANAGER 2:6 12:7 16:3 people 7:23 8:4 pursuant 9:6 3:19 7:14 neighbors 9:7 15:17, 11:14 16:4 put 14:15 15:3 maneuver 8:6 21 percentage 11:19 arinas 16:2 never 18:10 permit 13:16 < Q > marine 16:20,25 nobody's 10:18 permits 14:22 question 14:15 15:5 MARSHALL 2:6 noise 5:24 Personally 12:17 16:1 17:24 18:3 Mary 1:24 2:6 21:5, north 15:10 perspective 8:22 questions 7:18 12:11 20 Notary 1:25 petition 6:6 7:7 Quick 3:7 matter 13:13 noted 3:5 phone 4:12 10:9, 10, matters 13:7 notes 21:9 12, 13 < R > MAYOR 2:2 3:6, 15, number 6:11 11:14 pile 17:1, 11 raise 4:9 17, 18,25 4:5, 8, 11, 15:9 pilings 5:18,22 6:16 read 10:16 13, 19,22,25 5:2 12:8 14:16 18:16 reading 16:22 7:21 9:22,25 10:6, < O > place 15:20 21:8 ready 19:5 13,24,25 11:5,8 Ocean 3:2 Planning 5:11, 15 reaffirm 18:6 12:15, 17 13:7, 11,23, ocean-going 15:9 6:2,4,5, 10, 13 7:6 really 8:13 9:18 25 14:3, 9,25 15:6, 7, October 5:14 8:12,22 12:19 13:8 13:3 14:6, 12, 13 23 16:7,9, 15 17:18, official 5:19 14:23 19:1 18:18,21 20,25 18:3,4 19:4, offline 20:6 plans 7:5 16:5 reason 4:3 15:19 14, 17,24 20:5, 14 Oh 4:4 8:7, 18 platform 7:4 reasonable 6:15 mean 8:10, 18 14:25 Okay 3:6, 9,25 4:7, please 3:7, 8 18:7 recap 5:8 17:9 18:10,22 22 5:2 7:21,22 9:14, plop 15:14 recommend 17:4, 16 meaning 13:23 20,24 10:4, 6, 14,24 point 6:18 7:18 recommending 16:21 MEETING 1:1 3:7 11:16 14:14,24 14:22 record 4:21 20:9 7:6 20:11 15:25 16:1, 8, 14, 17 portion 18:20 reduces 14:17 ind 15:6 19:14, 15 20:12 position 18:6 redundant 13:2 mind 16:16 once 8:12 12:19 posts 5:16 refused 8:19 missing 10:22 14:9 17:5, 14,25 precedent 8:9 18:8 Registered 21:5,20 Florida Court Reporting Gc,_coa_naaa 1006 Grand Court LLC and Richard Touchette vs. Town of Highland Beach 5/1 8/2 0 2 1 Attorney Client Session 4 regular 7:17 17:23 SESSION 1:1, 8 3:2 sum 7:9, 11 13:14 15:16, 25 19:8 5:5 16:11 19:11, 13, super 11:21 16:19 •eissue 13:16 20 Sure 4:16 7:24 11:3, Understood 9:11 relates 17:10 set 21:12 8 15:7 18:10 uniform 15:13 relied 19:1 settlement 6:8 7:1, suspected 8:20 unpredictable 18:13 report 14:19 21:7 12, 13 17:3, 17,22 use 15:3 Reported 1:24 19:9 < T > U-shaped 15:11 reporter 3:23 21:6, settling 6:19 take 19:6 usual 7:2 20 shame 16:18 taken 21:10 represent 9:3 SHOEMAKER 2:5 talked 6:8 < V > request 5:15 6:2,4, 3:9, 10 4:2, 7, 17 5:1 talking 10:10 14:7 valid 12:11 6 16:23 9:24 10:1,2,4, 8, 10, tall 5:19 versus 5:7 requirements 15:1 14 telling 7:23 vessels 15:9, 17 rescind 20:10 side 15:10, 13 Thank 3:24 9:20 VICE 2:2 3:15 research 13:12 sir 13:5, 10 10:25 19:16 20:4, 13 vocal 11:20 16:23 18:17 sitting 14:11,20 Theresa 4:14 vote 19:5, 7 resolution 19:9 situation 10:18 thing 11:15 rest 7:12 six 16:16 think 10:5,8 13:7 < W > review 14:18 size 8:3 11:25 14:4 15:3 18:23 Wait 20:7 revisit 18:20 19:21 somebody 4:11 20:8 want 17:18 20:1 sorry 16:13 18:3 thought 7:14 12:3 wanted 7:19 9:1 RICHARD 1:9 5:6 sort 6:15 three 12:22,25 14:7, water 11:21 14:20 right 5:4 9:8 11:12 sound 4:2 14:19 12 15:22 14:8 15:14,24 17:13, South 3:2 threshold 17:11, 12 waterfront 15:14 11¢ space 15:15 thrusters 15:13 weigh 11:6 12:16 ""rights 8:2 9:1, 3, 7 specifically 5:23 time 5:9 6:8 7:15, welcome 9:21 riparian 9:7 spend 5:9 20 10:19 21:7 Well 9:2 11:13 13:4 road 19:20 stand 13:3, 17 TOUCHETTE 1:9 14:21 18:9 roll 3:7 standard 7:13 5:7 6:1, 6,20 went 5:18 6:19 RPR 1:24 start 7:21 15:2 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