By Rich Pollack

While some communities are facing financial shortfalls and need to increase revenue for the coming budget year, Highland Beach will hold the line on its tax rate while anticipating only a small tap into reserve funds.
Faced with a budget expected to top $12 million in fiscal 2021, town commissioners tentatively agreed to keep the operating tax rate at $3.229 per $1,000 of taxable value, up 1.66% over the rollback rate. Meanwhile the debt service tax rate will be $0.5584 per $1,000 of value, a slight decrease from this year.
The overall tax rate, as a result, has tentatively decreased from $3.799 to $3.788. That means that the owner of a home with a taxable value of $300,000 would pay about $1,135 in municipal taxes.
Town officials still can lower the operating tax rate in coming weeks but cannot raise it.
“We’ve held in place,” said Town Manager Marshall Labadie. “We haven’t had to have an increase in our tax rate.”
Because values on many properties in town have increased, some homeowners may see an increase in municipal taxes. Overall, property values in the town rose by about 2.5% to about $2.6 billion, generating about $9.6 million in tax revenue.
To help eliminate a slight shortfall, the town will pledge about $208,000 from unassigned reserves for the coming budget year.
The reserves, however, grew by about $550,000 at the end of the 2018-2019 budget year, the result of funds that were budgeted but not used. An additional $300,000 is estimated to be added to reserves after Sept. 30, the end of the current budget year.
With the additional money, the town’s unassigned reserves will top about $6 million, or about 52% of the overall general budget.
At least one commission member believes that is more than necessary.
“That surplus was created through taxes that were collected from residents and not spent by the town,” said Vice Mayor Greg Babij. “While a municipality should have a surplus to tap in during times of crisis, it shouldn’t be excessive.”
Babij said that Highland Beach’s reserves are significantly higher, percentage wise, than those of other towns and believes that the town should consider using reserves for one-time costs and to avoid having to raise taxes.
Town officials say the saved money could be needed during the coming year as the town explores the condition of its aging sewer lines and deals with unexpected costs from COVID-19.
“There are still uncertainties with the pandemic,” Labadie said.
For now, Babij said, Highland Beach may be in a better position than other municipalities when it comes to facing impacts from the coronavirus.
The town derives only small amounts of revenue from sales tax and has virtually no commercial properties other than the Delray Sands Resort.
Still, with an eye to the future and the possibility of the virus affecting property values, Highland Beach has instituted a hiring freeze, limiting hiring to positions deemed essential.
Babij says Highland Beach could be fortunate and not feel any impacts on property values from the pandemic.
“We are a small seaside town, and due to the surge of exits from northern cities/states into southeastern towns such as ours, we may not actually experience a drop in property prices,” he said. “We might even see a small increase as demand may be greater than supply.”

By Rich Pollack

It has taken more than 3½ years but it now appears Highland Beach will get pedestrian-activated signals at all of its crosswalks on State Road A1A.
“The day has finally come when we’ll be able to put in some type of crosswalk improvements,” said Town Manager Marshall Labadie.
In August the Town Commission authorized Mayor Doug Hillman to sign an almost $205,000 contract with Delray Beach-based Lux Solar for 16 solar-powered crosswalk lights on either side of the eight A1A crosswalks in town. The price also includes installation.
Money for the lights will come from the 1-cent discretionary sales surtax approved by Palm Beach County voters in 2016 and reserved specifically for infrastructure improvements.
The crosswalks, which Labadie says could be working within a few months, will each feature a diamond-shape crosswalk sign with a horizontal light bar below. When a button is pressed, the lights flash across the horizontal bar to alert motorists of a pedestrian in or about to enter the crosswalk.
Labadie said crosswalk lights have long been a priority for the town and were noted by commissioners when he inter-viewed for his job two years ago.
“It was a universally expressed concern,” he said.
One of the leading advocates for pedestrian-activated crosswalk lights was resident John Boden, who began lobbying for the improvements after nearly running into two women and several children who were crossing A1A at night and wearing dark clothes.
“I’m delighted that our town manager followed through and that we’re going to get the brightest lights possible,” Boden said. “The lights are not just for pedestrians. They’re also going to help drivers avoid hitting someone in the crosswalk.”
While the lights are a step in the right direction, the current agreement falls short of a more robust proposal town officials had previously considered.
Originally the town had hoped to include pedestrian-activated embedded lights into crosswalk improvements. Highland Beach sought an appropriation from the state to help fund the project, but funds in the state budget were cut by Gov. Ron DeSantis following the coronavirus outbreak.
The town also discovered that the cost for installing the embedded lights was higher than had been originally anticipated. Still, Highland Beach has not given up on additional crosswalk enhancements. Labadie said the town will wire the new pedestrian-activated signal to be compatible with embedded lights and is working to have those lights installed when the Florida Department of Transportation resurfaces A1A in the next three to four years.
Labadie said that establishing a rapport with state transportation officials was critical to making progress toward crosswalk improvements since the state has oversight on A1A and must approve any project affecting the roadway.
“We’ve had multiple conversations with multiple people at FDOT,” he said.
Getting the green light for improvements from the state was made easier because Highland Beach has agreed to foot the bill.
For his part, Boden said, he’s glad there’s progress on what he sees as a critical safety issue. “Everyone wanted crosswalks but it has taken 3½ years just to get it approved.” Ú

By Mary Hladky

The city soon will be making available to residents federal funding it will receive to help those who have fallen behind on their mortgages or rent because of COVID-19.
The state allocated Boca Raton $317,332 that it received through the federal CARES Act. The city will oversee a program to distribute the money to eligible residents.
The money must be used for emergency rental assistance and mortgage foreclosure prevention.
To qualify, applicants must be city residents and have household income of less than 120% of area median income, based on household size. A family of four, for example, could have a maximum income of $105,360.
They also cannot have liquid assets over $25,000. They must have financial hardship related to the coronavirus, such as a layoff, furlough or reduction in work hours.
Recipients must have been current on their rent or mortgages as of March 1. Anyone who received similar financial aid though another program is ineligible.
Homeowners can request assistance only for a primary residence with an assessed value of $350,000 or less.
Any money awarded must be paid directly to landlords or mortgage companies.
City Council members agreed to participate in the program on Aug. 24 and will sign an agreement with the state on Sept. 9, after which the money will be sent to the city.
The city will open an online application system on Sept. 23. City officials said that payments will be issued in November and December. All payments must be issued by Dec. 30.
More information on the program will become available after Sept. 9.

By Mary Hladky

Former Boca Raton Mayor Susan Haynie’s trial on public corruption charges has been pushed back for the third time.
The new trial start date is Oct. 26, but there is no certainty it will begin then.
Palm Beach County Chief Circuit Court Judge Krista Marx in early July extended her suspension of all trials until further notice because of the coronavirus pandemic.
Circuit Judge Jeffrey Gillen set the new date on July 10 after both the prosecutor and Haynie’s criminal defense attorney agreed on the change. They also agreed on the previous Sept. 21 trial date.
In both instances, they said the pandemic has made it difficult to complete pre-trial discovery and expressed concern that not enough potential jurors would be available.
The original date for Haynie’s trial was March 23.
Haynie, 64, was arrested on April 24, 2018, on charges of official misconduct, perjury, misuse of public office and failure to disclose voting conflicts. She faces more than 20 years in prison if she’s convicted.
Prosecutors contend that Haynie used her position on the City Council to vote on six matters that financially benefited James Batmasian, the city’s largest downtown commercial landowner, and failed to disclose income she received from him.
She has pleaded not guilty. Her attorney, Bruce Zimet, has repeatedly said she will not accept a plea deal. Ú

By Mary Hladky

City Council members appointed Andrea O’Rourke to be deputy mayor, replacing U.S. Navy reservist Jeremy Rodgers, who has been called to active duty for an overseas deployment.
“It would be my greatest pleasure to serve as deputy mayor,” O’Rourke said before the unanimous council vote.
Monica Mayotte has assumed O’Rourke’s previous role as Community Redevelopment Agency chair and Andy Thomson became CRA vice chair.
Council members made the appointments on July 28, a month after Rodgers announced he would deploy in August to Qatar in support of NATO operations in Afghanistan.
At the time, Rodgers said he wanted to complete his term of office, which ends on March 31, 2021, by attending meetings remotely. But he stepped down as deputy mayor, saying the position should be held by a council member physically in the city.
If he found he could not attend meetings, council members would appoint someone to temporarily fill his seat until his term ends.
Since then, Rodgers has not attended council and CRA meetings. He has not posted any updates on his status on social media.
He remained a council member at the end of August and a city spokeswoman did not have an update on his status.
O’Rourke was elected to the council in 2017 and was automatically re-elected in March when she faced no opposition. Mayotte was elected in 2018.

Boca Raton Beach & Park District Commissioners Steve Engel and Erin Wright were returned to office by comfortable margins on Aug. 18. Wright, the district’s vice chair, defeated challenger Nancy-Jo Feinberg with 56% to 44% of the vote to gain her second term in Seat 3. Engel, with 55% of the vote in the Seat 5 race, bested rival Eric Pendergraft’s 25% and William “Billy” Vale’s 20%. It will be Engel’s third term on the commission. Incumbent Craig Ehrnst kept Seat 1 for a second term when no one filed to run against him. The four-year terms will begin in January. —Steve Plunkett

ABOVE: Fronted by an improved plaza, the renovated amphitheater is shown to the left, adjacent to a new theater building with circular staircases. BELOW: Inside, the 450-seat performance space shows a digital exhibition but could accommodate an array of other uses. Renderings provided by IBI Group

By Mary Hladky

A cultural group has added significant details to its proposal to build a performing arts center at Mizner Park and soon will seek support from City Council members.
The ambitious project now has a price tag: $126 million, including a $14 million endowment.
If the City Council gives its blessing, the group will begin fundraising and expects a 2025 opening date.
The group intends to reinvigorate the aging Mizner Park and fulfill its original vision as a cultural complex.
“Mizner Park needs its next chapter,” said Andrea Virgin, who leads the group of cultural organizations that want to create a cultural destination.
The updated plans by the Boca Raton Center for the Arts and Innovation now call for completely revamping the existing 3,500-seat amphitheater and adding a new theater building. Those and other proposed venues would accommodate a total of 6,000 people.
City Council members have long talked about installing a retractable roof on the amphitheater to protect the audience from the elements but have balked at the high cost.
This project would do that in dramatic fashion. It would add a permanent, floating, overhead clear canopy that lets in the light but, like photochromic eyeglasses, can darken to block some sunlight.
The amphitheater’s stage would be extended slightly to the south, and a cantilevered “curtain” would be added that can be raised and lowered to separate the stage from an outdoor plaza.
The amphitheater could be used as it is now. But it would also have a 450-seat interior performance space.
The center would feature “multi-form” theaters. Virgin said they would be the first such theaters in the Southeast U.S. and among only a handful in the nation.
Describing them as a “forward-thinking theater approach,” Virgin said they would not be used for a single purpose. They do not have fixed seating, walls, ceilings or floors. Instead, all these elements can be reconfigured to meet the needs of any foreseeable use.
That means the theaters could host concerts, stage productions, conferences, political debates, product launches, career fairs, banquets and weddings.
The center includes many other elements, such as a 99-seat performance hall, a rooftop terrace that could accommodate 200 people and outdoor performance space.
Existing amphitheater parking would remain. A proposed five-deck parking garage would add another 300 spaces.
Virgin has long maintained that her group does not intend to create a venue that would compete with the Kravis Center or Broward Center for the Performing Arts. The main hall, for example, will seat a maximum of 1,100 people.
When Virgin outlined the plan to the Boca Chamber in a virtual meeting on Aug. 19, Chamber president and CEO Troy McLellan lauded it as a “wicked awesome presentation.”
Post-COVID-19, he said, “The one thing we will crave and need is a venue like this where we can come together and gather.”
City Council members were similarly blown away when Virgin presented the first iteration of the proposal to them two years ago. Jeremy Rodgers, then deputy mayor, called it “very, very compelling.”
Originally, the group wanted to build a performing arts complex on city-owned land east of the Spanish River Library. Last year, the group scaled back, proposing to locate it on city-owned land in Mizner Park, where people could take advantage of the Boca Raton Museum of Art, nearby restaurants and the planned Brightline station.
Council members gave “conceptual support” to the proposal at the time but were cautious. They wanted assurances that the cultural community would provide adequate financial support so the center would not become a financial burden for the city.
Virgin will make a new presentation to the council this fall. An exact date is not yet set.
A potential sticking point could be Virgin’s request for a 99-year ground lease on parcels the city owns in Mizner Park. The City Council has long been leery of giving up control of its land.
But Virgin said the city would be getting far more than it would give up. Her group’s economic analysis shows the center would spur economic activity that would generate $10.5 million in additional tax revenue for Boca Raton in the first five years.
The cultural group also wants the city to continue paying for the existing public programming at the amphitheater. It would assume the cost of amphitheater maintenance.
If the cultural group and the city reach a deal, she said, members would raise money for the project from the cultural community and through grants.
Group members include Boca Ballet Theater, the Boca Raton Museum of Art, Festival of the Arts Boca, Symphonia chamber orchestra, Harid Conservatory, Youth Orchestra of Palm Beach County and Boca Raton Theatre Group.

Unofficial results. For official count, visit: https://enr.electionsfl.org/PAL/Summary/2697/

Unofficial results. For official count, visit: https://enr.electionsfl.org/PAL/Summary/2697/

Ocean Ridge voters made a strong statement in the Florida Primary Election on Aug. 18 that they like their town’s Police Department and aren’t in the market for mergers with outside agencies.
By an overwhelming margin, 87 percent to 13 percent, voters approved a charter amendment that makes it considerably more difficult to change the department’s independent makeup.
The new law requires a ballot referendum to approve a merger, and it also requires a four-vote supermajority of the Town Commission to put the issue on the ballot in the first place.
“I’m delighted,” said Ocean Ridge Mayor Kristine de Haseth. “I totally support the voters having a voice in what happens to their Police Department.”
Turnout was relatively high as 567 residents voted, or 34 percent, compared with 26.5 percent overall in Palm Beach County.

— Dan Moffett

By Jane Smith

Delray Beach has now spent more than $1 million to fix its botched reclaimed water system, the city’s new utilities director said.

Hassan Hadjimiry, who gave a presentation at the Aug. 11 City Commission meeting, broke down the expense into three categories: $254,876.13 for materials, including backflow preventers; $558,647.14 for contractors; and $228,845.83 for staff overtime.

Hadjimiry emphasized that the current $1,042,369 cost would likely rise in the coming months.

As of Aug. 11, he said 530 of the 589 individual reclaimed water accounts had their service restored.

He also said 55 of the 59 offline accounts had switched to drinking water for irrigation. Most of the switched accounts sit along South Ocean Boulevard.

“The properties there are complex. They are large, 2 to 3 acres, with lots of concrete,” Hadjimiry said. “It’s too hard to bring them into compliance.”

The estates also sit below 800 S. Ocean Blvd. where a resident called the Florida Department of Health on Jan. 2 to say she was not adequately informed of a crossed connection issue in December 2018.

Some of the South Ocean residents told a city utilities inspector they were getting sick from drinking the contaminated water between October and December 2018. Their illnesses were not reported by the Utilities Department director to the Health Department as required.

That investigation led to notes compiled by Christine Ferrigan, a Utilities Department inspector who was hired in June 2017 and  claimed whistleblower status in early January.

On Feb. 3,  the Health Department told Delray Beach to issue a citywide boil water order. The city instead offered to shut down its entire reclaimed water program, which was accomplished on the evening of Feb. 4.

George Gretsas, who started Jan. 6, inherited the reclaimed water debacle from previous administrations. Before he was suspended on June 24, he hired Hadjimiry to be the new Utilities director. Hadjimiry started June 2.

The city is restoring the reclaimed water service in phases with the approval of the Health Department.

Another 130 water customers were never connected to the reclaimed water program despite a city rule that mandates connection if reclaimed lines exist in front of the homes. Most sit on the barrier island, Hadjimiry said. No records exist to explain why.

The reclaimed water lines provide partly treated wastewater meant solely for lawn watering. The lines were installed as part of a settlement that Delray Beach reached with state and federal regulators to stop sending raw sewage into the ocean.

The city must reuse 4.6 million gallons a day by 2025, according to the settlement. Its current level is 2.6 million gallons a day, which can fluctuate depending on the rainwater received, Hadjimiry said.

Most of the water customers on the barrier island have reclaimed water service for lawn irrigation. The golf courses, city parks and facilities, and master-metered communities west of the interstate also use reclaimed water.

A crossed connection happens when reclaimed water pipes are mistakenly connected to the drinking water line. Reclaimed water can be used only for irrigation, not for watering flowering and vegetable plants, to fill pools or to connect with outside showers.

Backflow preventers stop the reclaimed water from mixing with the drinking water supply.

Delray Beach hired a forensics firm in April  to investigate the reclaimed water system since its start, Hadjimiry said. That report will determine responsibility of the system — including construction and afterwards. It will be ready in late September, he said.

But Mayor Shelly Petrolia wanted the report sooner. “Why is it taking so long?” she asked.

The Coastal Star brought home top honors in breaking news, local government reporting, sports photography and sports coverage in this year’s Weekly Newspaper Contest sponsored by the Florida Press Association.

The newspaper also collected five second-place awards and seven third-place awards.

First-place trophies went to the staff and Ron Hayes in the breaking news story category for Hurricane Dorian coverage; to Jane Smith and Rich Pollack in local government reporting for their work on Delray Beach city managers; to Publisher Jerry Lower in the sports photo category for a surfing image; and to Willie Howard and Brian Biggane in the sports page or section category for stories on the outdoors, a college baseball player from Ocean Ridge and Delray Beach tennis phenom Cori ‘Coco’ Gauff.

Coming in second place were: Tracy Allerton, page design; Rachel O’Hara, feature photo; Rich Pollack, Mary Thurwachter and Arden Moore, best obituary; Cheryl Blackerby, agricultural and environmental reporting; and Jan Engoren, arts, entertainment and review.

In third place were: staff, overall graphic design; Tim Stepien, portfolio photography; Mary Hladky and Jane Smith, business reporting; Charles Elmore, roads and transportation; Gretel Sarmiento, arts, entertainment and review; Rich Pollack, in-depth reporting (non-investigative); and Executive Editor Mary Kate Leming, serious column.

The Tallahassee-based press association announced the awards on July 31. The Coastal Star competed in Division A for weekly and monthly newspapers with a circulation of more than 13,000.

— Steve Plunkett

Tropical Storm Isaias passed coastal Palm Beach County Aug. 1-2 with little more than high surf and washed out sea turtle nests.  Jerry Lower/The Coastal Star

By Jane Smith

Suspended Delray Beach City Manager George Gretsas fought back on July 31 against his City Commission bosses.

He sent them a 12-page letter with four explosive allegations accusing commissioners of using a bullying complaint as a smokescreen to cover up problems with the city’s drinking water.

“Rather than support me in my attempts to fix this serious problem that potentially jeopardizes the health of every resident of Delray Beach, I was put on notice by you that you intend to terminate me on a bogus charge of bullying and retaliation,” Gretsas wrote.

He also sent the letter to Jennifer Alvarez, the city’s interim city manager, and the county inspector general.

Gretsas declined to discuss the letter. “I would prefer to stand by the 12-page letter,” he replied via text on Aug. 1. “It was cleared through my attorney and I wouldn’t be able to reach her today.”

“The commission does not run the city.” Mayor Shelly Petrolia said in reaction to the letter. “We are a policy-making body. ... His short-term stay with the city was not stellar.”

She and two women commissioners voted June 24 to suspend Gretsas without seeing the full investigative report. They relied on City Attorney Lynn Gelin who said there was at least one violation of city policy.

Vice Mayor Ryan Boylston and Commissioner Adam Frankel voted no. They wanted to see the full report.

On June 29, Gretsas asked for written charges that will be presented on Aug. 24 and a public hearing on Oct. 23. Both items are part of his employment contract with the city.

“If there is truth to what Gretsas states (about the water quality problems), the Health Department needs to be notified and Mr. Gretsas should be terminated immediately,” Petrolia wrote in an Aug. 1 email to Alvarez and Gelin with a copy to her commission colleagues.

Gretsas detailed four allegations in his letter.

The first was about the city’s reclaimed water problems. Gretsas wrote that “Mayor Petrolia had directed me to lie to the public and tell them she had no role in the reclaimed water catastrophe.”

In early May, Gretsas apologized to residents about the problematic program that was mismanaged from its start.

“The City of Delray Beach was not complying with the safety regulations,” Gretsas wrote. “Some people on the barrier island reported getting sick from the water and despite these reports, city staff reported to the Health Department that there no reports of illnesses.”

He was referring to December 2018 cross-connection problem on the barrier island. It was the latest section that reclaimed water was installed. Reclaimed water is treated sewage water that is suitable for lawn irrigation but not for drinking, washing or cooking. Cross-connections happen when the reclaimed water lines are mistakenly connected to the drinking water supply.

A barrier island resident complained Jan. 2 to the county branch of the Florida Department of Health, saying she was not adequately informed of the problems in late 2018. The utilities director at the time issued a boil water order but did not report any residents were sickened.

In fact, most residents on the east side of South Ocean Boulevard said they were ill from drinking the water. One family reported that even the dog was sick.

The Health Department does not require proof of illness, such as a doctor visit or an emergency room trip, according to its spokesman.

Gretsas also points out that the drinking water storage tanks were not cleaned every five years, as required, because he could not find records of the cleanings.

"As of June, staff still hadn't figured out a way to clean the clear well without contaminating the entire drinking water system and forcing the entire City to boil their water," Gretsas wrote in his July 31 letter.

“I was shocked when I heard they weren’t being cleaned,” Petrolia said on Aug. 1.

The second allegation surrounds Assistant City Manager Suzanne Fisher and her hiring of a boyfriend to run the food and beverage service at the Delray Beach Golf Course. Gretsas said he was not qualified for that position and Fisher did not recuse herself from matters related to the city course.

Fisher went out on a family medical leave for emotional duress from the bullying by Gretsas. He was moving to fire her when he was suspended by the commission. He claims Gelin and the outside counsel had approved his actions for Fisher.

His third allegation concerns the city auditor. Julia Davidyan recently returned to the city part-time. She likely will lead the investigation into Gretsas’ actions because Gelin has recused herself. Gelin was one of the woman department heads interviewed by the outside counsel for the bullying investigation of Gretsas.

Davidyan started her investigation of ex-City Manager Mark Lauzier, Gretsas’ predecessor, without commission approval, Gretsas wrote. The City Charter requires the city auditor to get approval from a majority of the city commission before initiating investigations.

His last allegation involves a request by Deputy Vice Mayor Shirley Johnson. She asked Gretsas to support an initiative by Fredrick James to build a new City Hall and other major projects. James runs a non-profit and was seeking $20 million per year for 50 years from the city’s general fund.

Gretsas found that James was on felony probation and that he did not have a history of raising money for development projects or working with governments. Giving James the money without voter approval would be illegal, Gretsas wrote.

Johnson did not respond to a text sent to her city cellphone number. That voicemail box was full.

By Jane Smith

Voters once again will have an early voting location in east Delray Beach for the Aug. 18 county and state elections.

The early voting site, at the Delray Beach Community Center, will be open Aug. 3 through Aug. 16 from 10 a.m. to 7 p.m. daily. The center’s address is: 50 Northwest First Ave.

This site also will be used prior to the November general election, including the presidential race.

“Residents had asked why was it not possible to vote early in Delray Beach,” Mayor Shelly Petrolia said July 23.

Any Palm Beach County registered voter can cast a ballot in Delray Beach as long as they have an acceptable photo ID, such as a driver license or passport. Voters without a license or other photo ID will be given a provisional ballot.

Other South County early voting locations include: Florida Atlantic University and Spanish River Library in Boca Raton, the West Boca Branch Library, the South County Civic Center and Hagan Ranch Road Branch Library west of Delray Beach, and the Ezell Hester Community Center in Boynton Beach. 

The last time Delray Beach had an early voting site was in 2012 before the November general election. The location then was at the city library.

For the 2020 elections, the library was discussed because of its ample parking. But it was deemed unacceptable because the inside room is not large enough to allow for the 6-foot social distancing required during the coronavirus pandemic.

Delray Beach city commissioners decided in July to allow early voting in municipal elections as well. Commissioners voted twice to change a January 2005.rule that opted out of early voting.

At the time, city leaders told the Sun-Sentinel newspaper that the benefits of early voting did not offset the estimated $10,000 cost for a municipal election.

Other elected officials who were quoted in the Feb. 10, 2005, newspaper article said the early voting costs are worthwhile. Offering early voting might encourage someone to vote by making it more convenient, they said.

By Jane Smith

On the same day that Boynton Beach celebrated its centennial with a balloon-filled soft opening of its new City Hall, city commissioners heard troubling news about desperately needed parking garages for the Town Square project.

The six-story south garage will not be finished in June 2021 as promised. In fact, the city will be lucky to get it financed early next year, according to John Markey, managing principal of JKM Developers.

“The timelines are completely gone,” Markey said.

At the July 21 meeting, he asked for help from the city:

* instruct staff to return to the negotiating table that would result in the city co-signing the garage loans,

* use some Community Redevelopment Agency tax dollars generated by future development to help with building the garage and

* help his firm get clean easements to access his property.

Commissioners wondered why he waited four months to tell them of his dire situation with the garages.

Town Square is an ambitious private-public partnership between the city and its Community Redevelopment Agency and private developers. The 16.5-acre area, sitting between Boynton Beach Boulevard and Southeast Second Avenue, is supposed to give the city a definable downtown. When complete, the $250 million project will have a mix of municipal buildings and privately developed apartment buildings, a hotel, restaurants and shops. The city’s share is slightly more than $118 million.

The south garage received a building permit on Sept. 5, 2019, and was supposed to be finished by June 5, 2021, said Colin Groff, assistant city manager, at the start of the Town Square update. The north garage completion is estimated to be finished by Dec. 5, 2021.

Last fall, Markey said, city staff was working toward becoming a co-guarantor of the garage loans, which would be totally financed by Iberia Bank. Then the city decided that was too risky, he said.

Earlier this year, the city talked about borrowing $34 million to build the two garages by agreeing to “pre-buy” them.

“We were days away from that happening when COVID shut down the finance world,” Markey said. COVID-19 is a highly contagious respiratory illness that can be fatal. To help stop its spread, the state shut down all businesses, schools and events in mid-March.

In its contract with the city, Markey’s firm has agreed to provide surface parking for the city to use while it builds the garages. The city had given JKM the land for free, $1.9 million and new water and sewer lines and underground utilities at no cost.

“It’s sounds like the P3 (public-private partnership) is not showing to be a real partnership,” Commissioner Justin Katz said, “if we fund everything and bear the risk for everything.”

Katz continued, “I don’t know if shoveling more money into it from the city solidifies this P3 or converts it into a city project. We should be in the position to take the reins back if we are doing everything other than building it.”

Katz, the three other commissioners and Mayor Steven Grant said they were uncomfortable with deadlines not being met, how the project would be paid for, and moving the parcels around.

“The COVID shutdowns started four months ago and we are just hearing about the delay in July,” said Grant. He said Katz had asked for monthly updates. Grant had asked for a Town Square update in mid-July.

Markey apologized by saying he has not been “out of my house for the few months. I have not been invited to a meeting until Thursday.”

City Manager Lori LaVerriere said she would meet with commissioners individually to tell them what has been happening with JKM and the city.

Next month, city commissioners will sit as CRA board members. The CRA, which controls redevelopment dollars, is in the process of doing its budget for the financial year that starts Oct. 1.

By Mary Thurwachter

After hearing residents’ concerns about house parties at suspected short-term rental properties, the Lantana Town Council at its July 13 meeting said it was addressing the problem but warned that a resolution won’t be easy.

In a letter to the Town Council, resident Lyn Tate said that on the weekend of July 11 a house on South Atlantic Drive appeared to be rented out for Saturday night only. “When it got dark, seven cars arrived and parked all over the front lawn,” Tate wrote.  “Various young people poured out of the cars and the occupants partied with music until midnight and then left the next morning. A single guest met with the owner’s housecleaner and drove off. This makes the third weekend in a row that it appears the property has been rented out as a short term vacation getaway.”

Lantana does not permit rentals for less than 30 days in its R-1 and R-1A residential zoning districts.

Additionally, Palm Beach County restricted short-term rentals at the start of the coronavirus pandemic. Those restrictions have not been lifted since COVID-19 cases began to surge.

But residents of Hypoluxo Island suspect some houses on the island are being used for short-term rentals.

Realtor Patricia Towle, who lives next to the party house Tate mentioned in her letter, said she had observed several houses on the island being advertised as rentals. “I found one property that was posted for $2,000 a night. There are various prices and locations, but I really see it as a health and safety issue with COVID-19. I don’t know whether property owners are required to clean, what their standards are. Just before I came here tonight, I saw something in the news about house parties in various states where young people gather to tempt fate.”

She said she hoped that wasn’t happening here.

Towle said enforcement seems to be a problem.

“Since most of these rentals take place on the weekends when code enforcement isn’t around, and they seem to happen at night — is there a way that you envision we can enforce this?” she asked.  

Town Manager Deborah Manzo said it didn’t matter that the parties took place on the weekend and explained how the town handles illegal short-term rentals. She said once code enforcement officers are made aware of a suspicious house, they check to see if the property is being advertised on online sites such as Airbnb and VRBO.

“Then code enforcement will send a letter,” Manzo said. Seven letters have already been sent to property owners. The letters are friendly reminders advising that this is not permitted, she said. “If the rentals continue, a notice of violation is issued.”

If sufficient evidence is found, the case goes to the special magistrate, who could fine the property owner up to $5,000.

Nicole Dritz, the town’s director of development, said code enforcement is proactive. “We check the regular sites and we do that more for reaching out to the property owners  to try to gain compliance from them. A lot of times, educating them is our best first step.”
Proving the violations is difficult, Dritz said. “Just seeing cars outside with out-of-state license plates is not evidence enough for the magistrate to rule against them. Firsthand knowledge is what our magistrate is looking for.”

That knowledge may be gained when an officer asks someone at the house pertinent questions, such as how long the renter is staying on the property. “If the renter says, ‘I’m just here for a night or two,’ that is firsthand evidence that we can take to the magistrate,” Dritz said. 

Dritz has issued a department-wide rule that each of the town’s three code enforcement officers spends one hour per week visiting the properties in question. There are currently seven or eight properties on the list.

PBC Emergency Order 2020-14 Issued Restricting Operating Hours of Restaurants,

Food Establishments and other Businesses

Palm Beach County issues Emergency Order 2020-014, effective 12:01 a.m. on Thursday, July 16, 2020. 

No establishment permitted to serve alcohol for on-site consumption, whether indoor or outdoor, shall serve alcohol between the hours of 11:00 p.m. and 5:00 a.m. No establishment permitted to serve food for on-site consumption, whether indoor or outdoor, shall serve food between the hours of 11:00 p.m. and 5:00 a.m. Delivery, drive-through, pick-up, or take-out services are permitted for off-site consumption.

Additionally, the following businesses and venues, to the extent they have been authorized to legally operate, shall be closed between the hours of 11:00 p.m. and 5:00 a.m.: amusement parks, hookah and smoking bars and lounges; kava, kratom and similar bars and lounges; banquet halls; and ballrooms.

This order applies in all incorporated and unincorporated areas of Palm Beach County.

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By Mary Hladky

Virgin Trains USA has pushed out the expected completion of its Boca Raton station to early 2022, about a year later than company officials anticipated when the City Council approved a station construction deal in December.
Among the reasons for the delay are the impact of COVID-19 and Virgin Trains’ request that the city file an application for a federal grant to offset some of the costs of building the station and a parking garage, Virgin Trains Chief of Staff Ali Soule said in an email.
Virgin Trains suspended its South Florida passenger service due to the coronavirus pandemic on March 25. The company has not set a reopening date but released a statement in May that said it did not anticipate resuming operations in the coming months.
Ridership plummeted as Gov. Ron DeSantis issued a stay-at-home order except for essential activities and people began working from home or hunkering down there.
The for-profit company said in the statement that it remained focused on building new stations in Boca Raton, Aventura and PortMiami, as well as building new tracks for service from West Palm Beach to Orlando.
While city officials have directed much of their effort over the past four months to the closing and gradual reopening of city facilities and services in response to the pandemic, they have moved ahead on the station and parking garage plans for city-owned land east of the Downtown Library.
City staff has completed several reviews of the station and garage site plan submitted by Virgin Trains, and the city’s Community Appearance Board conducted a preliminary review of the station and garage design on June 16, focusing only on building aesthetics.
“We believe we will be prepared to break ground at the beginning of next year,” Eric Claussen, Virgin Trains senior vice president for design and development, told the CAB.
Of those CAB members who commented, John Kronawitter and Krsto Stamatovski liked the project design, but Tiery Boykin said it was “not as exciting as I thought it would be.”
The project could be considered by the Planning and Zoning Board in August or September.
On June 9, the City Council approved without comment two Virgin Trains requests.
The company asked the city to apply for a $20 million grant from a U.S. Department of Transportation rail program that would help fund the Boca Raton station and garage.
If the grant is awarded, city officials and Virgin Trains said it would reduce the amount the city would spend to build the 455-space garage from $11.4 million to $9.9 million. Virgin Trains, which is paying for the station, had previously pegged the station cost at $25 million.
Virgin Trains was awarded a $2.3 million grant in 2018 for rail crossing safety improvements along its South Florida rail corridor. The grant requires 20% matching funds from cities along the corridor that are getting safety improvements.
Since then, the cost of the improvements has increased. The Boca Raton City Council agreed to increase its matching amount from $76,288 to $153,298.
In another Virgin Trains development, the company has floated the idea of building five train stations between Miami and Aventura for a commuter rail system.
If Miami-Dade County commissioners agree, Tri-Rail’s long-standing goal of building a Coastal Link commuter system on the Florida East Coast Railway tracks likely would be doomed.
Tri-Rail Executive Director Steven Abrams sent commissioners a letter blasting the idea. Tri-Rail, he said, could launch the commuter line at a much lower cost while also offering ticket prices far below those charged by Virgin Trains.
On June 2, the Miami-Dade County Commission tossed out a memorandum of understanding proposed by Virgin Trains after complaining about how much the rail company wanted to charge the county. But the commission agreed to give County Mayor Carlos Giménez 90 days to negotiate a better deal.
The proposal marks yet another change of direction for Virgin Trains, formerly known as Brightline. The company had long insisted that it would build only three South Florida stations, in Miami, Fort Lauderdale and West Palm Beach, before deciding it wanted more stations, in Aventura, PortMiami and Boca Raton.
Company officials also repeatedly said that they did not want to operate a commuter rail line until they made the overture to the Miami-Dade commission.
In its latest financial disclosure dated May 31, Virgin Trains said it does not expect the coronavirus will have an adverse financial impact on the company.
“The suspension of service is not expected to have a material net financial impact on our business and we have access to ample operating liquidity to withstand a protracted slowdown in the travel market,” the report said

Delray Beach paramedics remove the grandmother of the suspect from the condo about four hours after the standoff with police started. Since she has mobility issues, she was transported to a safe location. Jerry Lower/The Coastal Star

By Rich Pollack

A standoff between police and a 37-year-old man armed with a gun and holed up in a Highland Beach condo closed off large sections of State Road A1A for several hours, while police ensured the safe release of three others held in the apartment.
In the June 24 incident, Jacob Geller barricaded himself in a room while police and medical personnel escorted his grandparents and a health care aide to safety.
Geller was arrested the next day, following negotiations with sheriff’s detectives, and charged with false imprisonment while armed with a firearm.
“The incident ended safely with nobody injured,” said Highland Beach Police Chief Craig Hartmann.
The standoff, which involved police from Highland Beach, Delray Beach and Boca Raton, began shortly after 4 p.m., when police got a call from the daughter of the aide who was in the apartment in the 39-unit Villa Mare condominium at 3211 S. Ocean Blvd.
The daughter, according to court records, said she was contacted by her mother, who was in fear for her safety after Geller pointed a rifle at her while he was arguing with his mother.
During the argument, Geller’s mother tried to make a call, but Geller used the rifle to knock the phone out of her hand.
The mother, who owns the unit and lives with the older adults, was able to leave the apartment while police tried to reach Geller by phone.
Highland Beach police, after assessing the situation, determined that additional resources were needed and reached out to both Delray Beach and Boca Raton police.
Police on the scene learned that Geller had locked himself in a room, enabling them to safely remove the grandparents and the aide from the apartment, leaving Geller — who refused to speak with the police — inside.
Hartmann said police determined that Geller was no longer a threat and agreed to avoid using force to remove him.
“We determined that the best way to end this safely was to discontinue contact with the suspect,” Hartmann said.
Geller remained in the apartment overnight but police and sheriff’s detectives, armed with an arrest warrant, returned the next evening and talked Geller into safely surrendering.
In addition to filing charges, police have asked a judge to issue an order preventing Geller from having access to firearms for up to a year.

By Rich Pollack

After shaking a finger at Boca Raton for removing offshore sand as part of a beach restoration project, Highland Beach commissioners are now discussing working with that city to solve short-term sand issues and possibly long-term environmental concerns.
Following calls from residents complaining that sand from off Highland Beach’s coast was being used to enhance Boca Raton’s north beach, town commissioners in June invited coastal engineer Gordon Thomson to help them get a better understanding of the impact of the sand removal and of the state and federal permitting processes.
Some of what they heard — from both Thomson and Town Manager Marshall Labadie — was unexpected.
While residents have complained for years about a shrinking Highland Beach shoreline, Thomson said that the northern and central part of the beach has actually increased, while the southern portion of the beach has gotten smaller.
“Overall, the beach is stable and growing,” he said. “There is more sand on your beach and more sand offshore.”
Thomson also told the commission that the removal of sand from off Highland Beach for the recent project and upcoming restoration projects in Boca Raton will have very little impact on the Highland Beach coast.
“It’s really only the massive storms in which you’ll see a change,” he said.
Commissioner John Shoemaker said that information may come as news to residents who were worried about the impacts of the dredging.
“I think a lot of people are going to be surprised by this,” Shoemaker said.
During the meeting, Thomson explained to commissioners that state and federal regulators have strict guidelines that must be followed and that as part of the permit there must be public notice given that the project will be taking place.
Labadie said that contrary to what many believed, Boca Raton notified Highland Beach of the project as it went through the permitting process.
He has also said that Highland Beach may follow up on a recommendation from Thomson that it possibly piggyback with Boca Raton on future beach projects and use some of the sand to reinforce beach dunes.
While the coastal engineer said that the environmental impact of dredging offshore is closely monitored by state and federal officials and should be minimal, commissioners expressed concerns about reef damage and the long-term impact of removing millions of tons of sand from offshore.
Working with Commissioner Peggy Gossett-Seidman, Labadie proposed that the town contact an environmental lawyer to see what steps Highland Beach — perhaps in conjunction with other coastal communities — can take to minimize the impact of removing beach-compatible sand from the ocean floor.
“It’s about coastal resiliency,” Labadie said. “Why are we working so hard to deplete a finite resource?”
Although Thomson said there is enough beach-compatible sand in the specific area off Highland Beach to last decades, Labadie and commissioners say it’s important to look over the regulations and processes that have been in place for decades in an effort to mitigate future environmental damage.
Labadie said an environmental attorney would be able to provide the town with a better understanding of the statutes and regulations so Highland Beach and other communities could be effective in bringing concerns about dredging to legislators.
“From a public policy perspective you have to constantly re-evaluate how you do things,” he said.
Mayor Doug Hillman said the town will add the idea of hiring an environmental attorney to a list of proposed projects that will be prioritized in the coming weeks. Ú