Port de Mer

To: Hillsboro Beach Taxpayers
Subject: Proposed Settlement for Beach Litigation

Original Proposal Tabled

On October 4th, the Commission voted to table for 30 days a settlement proposal for the litigation between Deerfield and Hillsboro regarding our beach. Tabling the proposal was necessary because several key elements needed further clarification, the two most significant being the placement of a proposed easement that would facilitate third-party funding (County, State, and Federal) and the availability of third-party funding. The primary basis of the proposed settlement was the assumption that third-party funding could be obtained to lessen the burden on Hillsboro Beach taxpayers for repairing the damage caused by Deerfield’s groins.

Critical Information Gathered

Since the proposal was tabled, the Commission has gathered critical information regarding third-party funding. According to Broward County representatives, neither the Federal government (U.S. Army Corps of Engineers – USACE) nor the County is a viable source of third-party funding. The USACE considers a beach nourishment project of the size covered by the settlement proposal to be too small to warrant even the cost of the evaluation study necessary for a Federal project.

Regarding potential funding from the County, according to County personnel, a nourishment project as described in the settlement proposal does not qualify for County funding because the County’s beach dollars come from the Tourist Development Tax (TDT) and can only be spent to further tourism. Obviously, Hillsboro Beach has no restaurants or hotels that contribute TDT tax dollars.

Location of Proposed Easement

An easement granted by Deerfield Beach to Hillsboro Beach as part of the settlement proposal was necessary to support “adequate public access” to be eligible for third-party funds. Deerfield’s proposed placement of the easement, south of their rock revetment/boardwalk, was first presented to the Commission on Friday, November 1st, and is unquestionably inappropriate for a number of reasons:

1. This is the most chronically eroded area of the entire beach. Access is routinely blocked when the area ends up underwater. State funding mandates that an access point remain viable for 10 years following a nourishment.
2. This area is unsafe for pedestrian traffic given the instability of the rock revetment and the instability of the beach itself in that area due to erosion. This creates a liability for the Town.
3. The proposed easement would put the Town at risk for a potential lawsuit from private property owners because the easement would steer pedestrians directly onto private property in order to get to the public portion of the beach. In addition to infringing on residents’ rights, this could put the Town in violation of HB 631 signed into law on July 1, 2018 which says municipalities cannot lay claim to private property without going through a court procedure.

Commissioners Voted on Nov. 5, 2019

At a special meeting Tuesday, November 5th, Commissioners voted unanimously (5-0) to reject the proposed settlement agreement. The bottom line is that without a viable easement and with only State money as potential third-party funding, the burden for correcting the issues caused by Deerfield’s structures remains far too great for Hillsboro Beach taxpayers to shoulder. Commissioners were initially optimistic that a viable partnership could be achieved. Sadly, what started out to be a real potential settlement, ended up as basically the status quo with the exception that the agreement would have taken away Hillsboro’s right to pursue mitigation in the future, and it would have created a new onus for Hillsboro to maintain a public access point in an area that is impossible to maintain if Deerfield chooses to ignore their responsibility to keep sand on the beach.

What Happens Now?

On December 11th, Judge David Haimes has scheduled a case management conference so he can be brought up to speed on what has transpired while mediation was being pursued. At that time, we will be asking the Judge for a “date certain” for the trial to be set as quickly as possible because the litigation is creating a burden for two municipalities. There is no guarantee the Judge will grant a “date certain.” We may have to go back on his trial calendar for the next available “calendar call.” The trial is estimated to take five days. At this point we cannot venture a guess as to when that might be.

The Commission is very disappointed a viable settlement for a true partnership with our neighbors could not be achieved.

Sincerely,
Deb Tarrant
Mayor

After many hours spent in the shade session with our attorneys, discussing the recent agreement between DFB and Hillsboro Beach, we came back and had an open meeting for the public to respond with their concerns. I made a motion not to accept the agreement that included an easement to PDM property and all 4 other commission members agreed. By doing so we have instructed the attorneys to take this matter to court. I want to thank all the residents of PDM who attended the meeting and E-Mailed their concerns to me and my fellow commission members. It all helped in making our final decision.

Andrew Brown
Commissioner Hillsboro Beach and proud resident of Port de Mer

Please click here to see the agenda for the town of Hillsboro Beach’s Tue Nov 5, 2019 Special Commission Meeting Agenda. Please read items X and XI regarding the pending lawsuit between Hillsboro Beach and Deerfield Beach. At 4:00 pm the commission will reconvene to vote on the proposed agreement. This agreement affects Port de Mer and our beach. Commissioner Andrew Brown has advised that 4:00 is when the public needs to come and address their concerns before the commission votes.

Hello Mayor Tarrant, Commissioners and Town Manager Serda!

We had a lot of honks, thumbs up and hand waves from passersby today on E. Hillsboro Beach Blvd at our “Rally Against Single-use Plastic” today!

NOTE: Should the Town want to consider canned water or the 5-gallon delivered water dispensers for water distribution at meetings and events, there are a few options instead of water in plastic bottles.

La Croix is one canned product option and there are many other store-brand flavored and sparkling water options in cans. The more we refuse plastic, the better!

Hillsboro Beach Green Team
Stephanie Steinberg
1167 Hillsboro Mile, #515
Hillsboro Beach, FL 33062
Cell 303-819-3131

The Town of Hillsboro Beach is honored to celebrate its 80th Anniversary of service, engaging citizens and showcasing the work of municipal government!

Part of Florida City Government Week, all residents are invited to attend the upcoming FREE Community Recycling and Shredding Event on Saturday, October 26, 2019 9am-12pm at Town Hall. Clean out your closets and enjoy delicious hotdogs & snacks.

MY TOWN – I’m Part of It, I’m Proud of It
We look forward to seeing you!

https://www.sun-sentinel.com/news/fl-ne-baby-sea-turtle-dead-plastic-inside-stomach-20191004-puncgag25rf4tehj7xd4javt7q-story.html

NOTE: We found a stressed baby turtle on Hillsboro Beach a few weeks ago in the seaweed and took it to Gumbo Limbo. As it turned out, ALL the washed-up baby turtles brought to Gumbo Limbo had plastic inside their intestinal tracks.

Please help encourage each other to stop using plastic, especially single-use plastic which we find on the beach EVERY DAY. Also, the more often everyone does beach cleanups, we keep turtles (seabirds, fish, etc.) from eating that plastic before the plastic pieces go back out with the tide.

Keep making a difference!

Thank you!

Hillsboro Beach Green Team
Stephanie Steinberg
1167 Hillsboro Mile, #515
Hillsboro Beach, FL 33062
Cell 303-819-3131

Check out our Facebook page! New posts all the time!
https://www.facebook.com/pg/TownOfHillsboroBeachGreenTeam

MEETING OF THE BOARD OF DIRECTORS
DATE: TUESDAY, OCTOBER 15, 2019 7:00 P.M.
PLACE: MEETING ROOM, 1236 HILLSBORO MILE

AGENDA

1. Call to order
2. Quorum of the Board of Directors
3. Approval of Minutes
4. Treasurer’s Report
5. Correspondence
6. Old Business
   1. Update on Elevators, Interior Design, hallway Paint Project and Social Rooms.
   2. Trash Doors
   3. Security Camera replacement
7. New Business
   1. Budget discussion/mailing
   2. Door Knockers/Numbers
8. Adjournment

Clear the Clutter Hillsboro Beach

On Saturday, October 26th the Town will host a FREE Shred Day for all residents for onsite document destruction of their personal information.
Also, great opportunity to drop off any unused or expired prescription drug medication and Household Hazardous Waste for safe disposal.
Electronics Recycling will be collected as well…FREE!

Come and join us at Town Hall on Saturday, Oct. 26th from 9:00 a.m. – 12 p.m.

Dear Neighbors,

Recent mediation efforts between legal counsel for Deerfield Beach and Hillsboro Beach regarding beach erosion/beach management have resulted in a proposed Settlement Agreement. That proposal was reviewed by the Commission on Friday, October 4, at a Special Public Meeting. Thank you very much to those of you who attended that meeting.
Coastal Science Basics

In order to understand the content of the proposed settlement, it is first necessary to have a basic understanding of coastal science. Back in the ’60s, Deerfield was granted permits to install 53 sand-catching structures/groins. Today, it is an undisputed fact that this type of structure provides a benefit for beaches updrift of the structures (Deerfield) while causing erosion to beaches downdrift of the structures (Hillsboro Beach.) On our section of the Atlantic Coast, sand moves from north to south for a majority of the year (debatably about eight months), with a shift in sand-flow for a lesser portion of the year (debatably about four months). The sand loss incurred downdrift of the structures is partially reversed when the direction of the sand-flow shifts. However, as history has shown time and again, the recovery time for beaches that are downdrift for most of the year is not sufficient to restore the beach completely. Scientifically speaking, there are only two ways to negate the impact of a sand-catching structure: 1) remove the obstacle, or 2) make sure the obstacle stays covered with sand and literally disappears from the equation by becoming part of the beach itself. The proposed settlement approaches the problem using the latter strategy.

Proposed Settlement Recap

It was determined at Friday’s meeting that while the proposed settlement may theoretically address the issue, there are a number of points in the documents that must be clarified. In addition, the Commission was given just over 48 hours to absorb the contents of the documents before being asked for a vote. As a result, the Commission voted to table the proposal for 30 days in order to address points needing clarification. There are several areas in the documents where dollar amounts for cost caps were left blank and several areas where the language was vague or contradictory, however, the three major points needing to be addressed are:

1. Public access is critical to receiving funding from entities other than our taxpayers. Deerfield has agreed to grant Hillsboro Beach a 15’ easement to be used as public access and as the access point for beach maintenance for Hillsboro Beach, however, the placement of this easement was not identified in the document.
2. One of the major purposes for agreeing to Regional Sand Management as a partner with Deerfield is to be able to qualify for third-party funding when a nourishment is necessary. Third-party funding can come from Broward County, the State DEP (Department of Environmental Protection), or the Federal government (U.S. Army Corps of Engineers). The importance of third-party funding cannot be stressed enough. While the legal teams for Deerfield and Hillsboro believe the agreement they drafted will allow the two municipalities to qualify for third-party funding, at this point, there has been no buy-in to the proposed arrangement by the third-parties from whom we would be seeking funding. Obviously, this is a critical piece to the success of the agreement.
3. Semi-annual monitoring of the shoreline is included in the agreement, however, the specifics relating to the semi-annual monitoring are vague, and in one case contradictory. This monitoring is necessary so nourishments can be planned BEFORE the groins/rock piles become exposed (both above and below water) since it is the exposure of the rocks that exacerbates erosion and makes the beach disappear so quickly.

How Third-Party Funding Works

To drive home the importance of third-party funding, consider these scenarios as they relate to a $10 million nourishment:
Scenario 1 – $10 million – The full $10 million must be paid by Hillsboro Beach taxpayers if qualifications for third-party funding are not met.
Scenario 2 – $2.5 million – The State pays 50% of a $10 million project (this is the State’s typical contribution for a regular beach nourishment), bringing the remaining amount down to $5 million. The County typically pays 50% of whatever remains after the State contribution. This brings the remaining amount down to $2.5 million.
Scenario 3 – $1.25 million  – In an effort to encourage Regional Sand Management, the State pays 75% of nourishment costs if the sand comes from a regional inlet (such as Boca Inlet or Hillsboro Inlet), as opposed to off-shore borrow sites or inland sand mines. For a $10 million project, this leaves $2.5 million remaining. If the County pays 50% of the remaining amount, that leaves $1.25 million.
Scenario 4 – $650,000 – If the combined efforts of Deerfield and Hillsboro together can result in being recognized by the USACE (Corps) as a Regional Sand Management project, the Corps pays 75% of a $10 million project using Federal dollars, leaving $2.5 million. The State then pays 50% of that, leaving $1.25 million. The County then pays 50% of that, leaving $650,000.As you can see, third-party funds can take a $10 million sand project and reduce the cost to Hillsboro Beach taxpayers from $10 million to $2.5 million, $1.25 million, or $650,000, depending on the amount and source of third-party funding.

What About the Lawsuit?

It is the general consensus of the Commission that for a number of reasons, agreeing on a settlement is preferable to duking it out in court. That said, the terms of any agreement obviously need to be acceptable to both parties, or the lawsuit will proceed. Currently, we are on Broward County Judge David Haimes’ docket for a calendar call on November 1st. The trial would likely be scheduled for mid-November based on that calendar call date. In an effort to work with the settlement proposal, the Commission voted to table the proposal for 30 days so that questions can be answered and clarifications made. This means the trial date will have to be moved back on the Judge’s docket to the next available time slot. At this point, it’s not clear exactly when that would be.

Another Important Consideration

If accepted, the Settlement Agreement is an actual contract. The semi-annual monitoring laid out in the contract will provide hard data that can be used in a courtroom should litigation again become necessary. According to the legal team, enforcing a contract from 2019 will be much easier than enforcing 50-year-old permits.

Hopefully, this information is helpful. As always, I will keep you apprised of the situation as it unfolds.

Sincerely,
Deb Tarrant
Mayor

Below is a link to the Agenda for the Special Commission Meeting this Friday, October 4, at 1:00 pm. You can read the full text of the proposed settlement with Deerfield Beach by clicking on the link below.

View Proposed Settlement Agreement

Commissioners must vote whether to accept or reject the Settlement
Proposal “in the Sunshine,” which means at this Friday’s public meeting.

In order to abide by Florida Sunshine Laws, I cannot comment on my position, however, I wanted to make the document available to Hillsboro Beach residents.

Deb Tarrant, Mayor

Hallelujah!

The County has given official notice that A1A will finally be open all the way through Town starting this Friday, September 27, AFTER 5:00 pm. The pipeline has been completed, and restoration of the road can now begin. Parts of the road will still be reduced to a single lane in certain areas as the restoration work moves through Town. Please remain cautious, and heed the instructions of flag personnel. Total completion for restoration will take several weeks.

Thank you for your continuing patience as the project winds down.

Sincerely,

Deb Tarrant,
Mayor

The AKAM family joins the rest of the community in its sadness for all of the residents in the Bahamas that have been affected by the unprecedented damage created by hurricane Dorian. It goes without saying that our neighbor is in need of considerable assistance not only in the short run but rather also in the months to come as they move towards rebuilding critical infrastructure.

For this reason, AKAM has formed a Bahamas Relief Committee that will be working towards providing as much meaningful assistance for both the short term and long term.

Upon communication with various charities and actions groups over the past week, we have decided to focus our short-term efforts on collecting Medical Supplies & Personal Hygiene Items.

Our relief program requests donations per the list of items below:

• Hygiene products
• Feminine Products
• Toothbrushes & Toothpaste
• First Aid Items & Kits
• Advil, Tylenol for Adults & Kids
• Hand Sanitizer
• Medical Gloves
• Masks
• Disinfectants
• Mosquito Spray

We feel great pride not only within the walls of the AKAM family but rather also with the cumulative efforts of the entire community on behalf of our neighbor!

Sincerely,

Susan G Fitch, LCAM
President
AKAM® On-Site, Inc.