By Jan Norris

            A shocker for diners in South County: Wendy Yarbrough confirms she’s sold the family restaurant: John G’s.

            The deal took place over the weekend, and the new owners of the Manalapan eatery are already on site, eager to learn the breakfast-lunch business that has held a place in so many residents’ memories for so long.

            “Don’t make me cry,” Yarbrough said by phone. “It was bound to happen. It’s time.”

            The family — Jay and Keith Giragos, cooks, and Wendy, manager —handpicked the buyers from a huge pool of bidders, she said.

            “They’ve taken on a monster. I think they’ll do just fine.”

              The 46-year-old restaurant started by her father, John Giragos, is celebrating eight years at its current location in Plaza del Mar. It’s been the Sunday morning go-to for hundreds of thousands of multi-generational diners.

              A sale has been considered for years, however, but two years ago, her brother’s motorcycle accident that left him disabled for a time was a game-changer. “After Jay’s accident, it’s been hard on all of us, him especially. He’s so frustrated since he can’t do anything. But he was worried about me,” she said. “I’m 60 and it’s time for me to retire.”

              New owners are Doris and Laurent Di Meglio, Parisians, who own Casimir French Bistro in Boca Raton.

“They’ve never done a breakfast. They’re counting on my staff and customers to help them,” Yarbrough said.

              She says nothing much will change: The recipes were included in the sale, and the couple intends to keep them as is, along with the John G’s name.

            “They’ve got all the recipes: the clam chowder, gazpacho, the French toast, down to the tartar sauce. All the soups Keith poured his heart into.”

            The new owners appreciate the longevity of staff, too, she said.

            “I took Doris around to meet the staff and went around the room. I told them to introduce themselves. It was, ‘Heather, server, 32 years.’ ‘Beverly, 27 years.’ ‘Busboy Romeo, 15 years.’ It was amazing. That’s my staff. They’re my family.”

            “We had customers who heard about it, and said, ‘We’ve been coming for 25 years.’ They’re in shock, too. ‘We’ll come in for a last meal.’ I’m like, no! Come in and support the new owners.”

            Wondering if the sale was the right thing to do, she lost weight and sleep, she said. “My stress level is over the moon. It’s like walking down the aisle jitters. Are these the right people to take over my life? My dad’s legacy? But we’re survivors. Look at all we went through and we’re still here.”

            They were first located at the old casino building at the Lake Worth pier, but were ousted during the 2011 season for construction. They moved later that summer to Manalapan in the site of the old Callaro’s Steakhouse, “the scariest year,” and there, she said, “We survived the bridge closing the year we moved in. We thought that was the end, but we made it. Then the plaza reconstruction and Publix. Thank God my customers crawled over the construction to get to us. They’re so loyal. We did fine.”

            The new owners have already made overtures to the staff, getting input on what should remain and what should change. They say they’ll keep the chocolate-covered strawberries handed out on Sunday mornings to the line that still forms outside the door.

             But one thing that will change, Yarbrough said, is the cash-only policy her dad initiated and carried through all these years later.

            “It’s time for that, too. It’s an inconvenience to be a cash-business in this day and age. The servers are excited about it. People will spend more.”

            She’s both sad and relieved, though it hasn’t all settled in.

            “I have no regrets, going in early all these years, kissing everyone goodbye in the dark. My kids are proud of me.”

            There are 10 grandkids — none of whom wanted the restaurant, she said. “They didn’t want all that work. It was a pretty good run, as my mom would say.”

            Her parents’ approval means everything, even today, and some peace comes from their spirits.

            Over the weekend, she said, she visited her parents’ graves. “I go talk to them all the time. I told them we sold the restaurant.

            “They said, ‘That’s okay. It’s time.’”

By Steve Plunkett

The undeveloped Ocean Strand parcel, 15 acres straddling State Road A1A from the Atlantic to the Intracoastal Waterway, cannot be sold, its owner has been told.

“The expressed intent under our special act is to acquire, operate and maintain beach and park property. Noticeably absent from our enumerated powers is the power to sell or to convey,” Jacob Horowitz, a lawyer for the Greater Boca Raton Beach and Park District, told district commissioners Oct. 7. “We have the power to acquire; we do not have the legal authority to convey or otherwise sell.”

Municipalities and some special districts do have the power to sell property, Horowitz said. “We don’t have that authority under our special act,” he said.

Commissioners immediately directed their staff to notify developer Robert Comparato that they could not consider his offer to buy Ocean Strand for $67.5 million.

“I can’t tell you how delighted I am to hear this,” said Commissioner Steve Engel, who in the past promised residents that the property would only be sold “over my dead body.”

The district bought Ocean Strand in 1994 for $11.9 million.

In his unsolicited Sept. 11 proposal, Comparato said he “holds or will hold” contracts to purchase 2500 and 2600 N. Ocean Blvd., two beachfront parcels that were denied variances this year to build four-story residences.

Comparato proposed swapping the two parcels for Ocean Strand and giving the district $51.5 million — enough, he said, to build a new golf course, expand and renovate the Gumbo Limbo Nature Center, and create a new “Parks for All People” inside Spanish River Park.

The developer planned to build a five-star 171-room hotel, 110 condominiums, 30 villas and 35 boat slips at Ocean Strand.

By Mary Hladky

After trying for three years to provide free transportation around the downtown, City Council members have hit on another way to make it available: subsidizing the use of Uber, Lyft and other ride-hailing services.

They floated the idea on Sept. 9 after council member Andrea O’Rourke expressed concern that the winter season is fast approaching but no shuttle service is available to year-round residents, snowbirds and visitors.

“I fear we are going into another season and do not have downtown transportation,” she said. “I would like to see something offered in our community this season.”

Council member Monica Mayotte and Mayor Scott Singer first suggested that the city could subsidize the cost after reaching an agreement with ride-hailing companies, as other cities have done.

All council members agreed that offered advantages and asked city staff to research the idea and report back.

Council members turned in this direction after hearing a report on how much it would cost to contract for an on-demand transit system.

After getting proposals from a number of companies, city staff gave top ranking to Freebee, which is now providing free rides in electric vehicles in Delray Beach, Coral Gables, Fort Lauderdale and other cities.

The city’s request for proposals stipulated that the companies had to offer free rides, a smartphone app and a guarantee on wait time for service. All the companies wanted a city subsidy but would also sell advertising that would appear on the vehicles, said Deputy City Manager Mike Woika.

Freebee would provide three six-seat electric shuttles to service the downtown at an annual cost of $333,590. If the service area were expanded to include more neighborhoods and go east to the beach, the company would provide three of those vehicles, a larger electric shuttle and a Tesla SUV for $616,805.

The company also would service Midtown near the Town Center mall for $417,114 or $684,913, depending on the size of the service area.

“I like the concept, but I don’t like these numbers,” Singer said. “These price tags are too much for me to be comfortable with.

“That is a lot of Uber or Lyft rides,” he said of the cost.

Jupiter subsidized Uber and Lyft for town events, Mayotte said. “It really worked out.”

Subsidized ride-hailing likely would be a short-term solution.

Virgin Trains USA, which wants to build a station in Boca Raton, has asked the city to provide a shuttle service from the station to various locations in the city. If Virgin Trains, formerly known as Brightline, and the city reach an agreement, the station is expected to open late next year.

In addition, council members are considering creating a Business Improvement District financed by downtown businesses to make improvements in the downtown. If a BID comes into being, it would contract with a company to provide a free shuttle service in the downtown.

The city has long sought downtown transit options.

The Downtowner, which operated a free electric car service, left the city at the end of 2016. Other companies moved in but were unable to make enough money with advertising on their vehicles to continue service. At the time, the city would not subsidize their operations. Ú

Although Virgin Trains officials have set aside for now their plans to develop land around their proposed Boca Raton station, this rendering shows what city-owned land they previously had wanted to lease for a station and parking garage or have the option to purchase for potential development. Rendering provided

By Mary Hladky

To speed up negotiations with the city, Virgin Trains officials have put aside — at least for now — their land development plans that have complicated efforts to reach an agreement to build a Boca Raton station.

Virgin Trains officials said they “significantly scaled back” their July 19 and revised Sept. 17 proposals that included allowing commercial and residential development along with a station and parking garage on city-owned land east and south of the Downtown Library.

Instead, company officials focused their requests solely on construction of a train station and parking garage when they appeared at the Sept. 24 City Council meeting.

Development “was distracting to the primary reason we are here,” said Brian Kronberg, Virgin Trains vice president of development.

The change “makes the process a lot easier,” said Mayor Scott Singer.

After hearing Virgin Trains’ new proposal, council members thanked its officials for outreach to residents and authorized city staff to continue negotiations.

Virgin Trains’ original proposal was “a big ask of the city,” Singer said. “Now we are seeing something that really feels much more like a partnership.”

Officials said they would return to the council in October with more detailed plans and project renderings.

In a schedule they concede is “aggressive,” Virgin Trains officials want to finalize a deal with the city by year’s end so that a station can be open by the end of 2020.

While development plans are tabled for now, Virgin Trains, formerly known as Brightline, could revive them later.

In the revised Sept. 17 proposal, Virgin Trains made significant concessions but also offered details on how it would develop at least half of the 4 city-owned acres it wants to acquire.

Rather than asking the city to donate the land as it did in July, the for-profit rail service wanted an option to buy a portion of the land at fair market value for a Transit Oriented Development.

Plans are not firm, but Jose Gonzalez, executive vice president of Florida East Coast Industries, a subsidiary of Brightline’s parent company, said at the Sept. 24 meeting that they could include office, commercial, retail, residential and a hotel.

“We will build based on what market needs are,” Gonzalez said.

Later in the meeting, though, he indicated willingness to cede the idea. “If the city doesn’t want to do it, it’s fine. Our feelings won’t be hurt,” he said.

The proposed development is in keeping with what Virgin Trains has done in Miami and West Palm Beach. The MiamiCentral project includes two office towers, two apartment towers, stores and restaurants, while West Palm Beach’s project has a 24-story, 290-unit apartment tower and retail space.

The company also has land in Fort Lauderdale that has not yet been developed.

Another change is that Virgin Trains is now willing to lease the train station and parking garage land from the city for a nominal amount.

That would allow the city to take back its land if Virgin Trains abandons rail service. “In the worst case, you take the land back and have 400 parking spaces,” Kronberg said.

The company still wants the city to build an elevated pedestrian walk-over across Dixie and Federal highways that would give Virgin Trains passengers easy access to the downtown. But it now says it will help the city obtain funding, possibly from the state, for the walk-over.

Virgin Trains also still wants the city to build a garage, which it now says will have 400 spaces. And it wants the city to provide temporary parking spaces for Downtown Library and train passengers if the garage is not finished when the train station opens.

But it will pay for the relocation of the Junior League of Boca Raton’s Community Garden, located along the Florida East Coast Railway tracks east of the library at 400 NW Second Ave.

As in the original proposal, Virgin Trains will build a $25 million, one-story train station.

Many Boca Raton residents are thrilled about the prospect of rail service, saying it will induce more corporations to establish headquarters in the city, increase property values, draw visitors and provide an alternative to clogged Interstate 95.

Singer said the response he has heard from most people has been “tremendous.”

Opposition comes primarily from residents of the Library Commons neighborhood immediately north of the train station site, supporters of the Downtown Library and the Community Gardens’ avid gardeners.

Since July, Virgin Trains officials have been working to win over hearts and minds by meeting with these groups and hearing their concerns. They also offered a train ride to members of the Boca Chamber, winning their enthusiastic support for a Boca Raton station.

The train station and parking garage would have cost the library most of its parking lot. Virgin Trains has said it would make spaces available on the first floor of the garage free to library users.

But that didn’t mollify patrons of the heavily used library, which offers more than 1,200 programs each year to children and adults.

So Virgin revamped its plans so that most of the 165 parking spaces would remain. It also will provide 58 dedicated spaces in the parking garage, so that 181 spaces in all will be available for free. The company also will provide 24/7 garage security.

Even so, library supporters worry that train passengers and employees will use the free library parking rather than park in the garage. They remain concerned about safety. And they say access to the library will be more difficult when the garage is built.

Friends of the Boca Raton Library board president Cyndi Bloom said the changes make her group feel “a little bit better.” Even so, the Friends don’t like possible development that will change the character of the area around the library.

Library Commons residents also remain unhappy about the prospect of looking out their windows to the view of a four-story garage. They want the garage moved elsewhere on the city-owned site and the return of an easement that will allow them to shield their neighborhood from both the garage and the station.

“I want to ride the train,” said one resident. “I don’t want to see the train.”

Gonzalez said he would consider if the garage can be located elsewhere but still near the station. Ú

By Mary Hladky

City Council member Monica Mayotte has backed off an effort to pass two resolutions supporting gun control measures after her council colleagues voiced concerns about wading into partisan political waters. The resolutions would have expressed City Council support for background checks on all gun sales and so-called red flag laws.

Mayotte drew support at a Sept. 23 council workshop from Andrea O’Rourke and Andy Thomson on the substance of the resolutions, but they were reluctant to vote for them.

Mayor Scott Singer said he is “not a fan” of resolutions that are not related to Boca Raton issues.

“Even well-intentioned resolutions can cause issues,” he said, adding that he did not know if city residents would support Mayotte’s resolutions.

Thomson said he had a concern about the city’s taking a position on gun measures. Deputy Mayor Jeremy Rodgers said the council should not take a position on matters over which it has no power.

O’Rourke said it is a “slippery slope” when the council strays from city issues and noted the council is nonpartisan.

“Thank you for your honesty,” Mayotte responded. She said she would remove the resolutions from the Sept. 24 council meeting agenda.

“I understand the rationale behind it,” she said after the workshop about the other council members’ concerns. She said she did not feel that her colleagues were silencing her voice.

“I am not discouraged,” she said.

Florida prohibits cities from enacting their own firearms regulations. Under state law, local officials can be removed from office, fined or sued if they move ahead with their own regulations.

Leon County Circuit Judge Charles Dodson in Tallahassee ruled in July that those penalties were unconstitutional, but his ruling has been appealed.

Red flag laws empower police to take weapons out of the hands of those who are likely to use them to harm themselves or others.

Florida passed a red flag law after a gunman killed 17 students and staff at Marjory Stoneman Douglas High School in Parkland in 2018. Ú

Eight community leaders danced for dollars during the 12th annual Boca’s Ballroom Battle,  modeled after Dancing With the Stars. Dancers, who were paired with professionals from the Fred Astaire Dance Studios in Boca Raton, raised more than $640,000 for the George Snow Scholarship Fund, which grants four-year college scholarships to local students. The fund has granted more than $12.1 million in scholarships and support services since 1982.

Philanthropist Margaret L. Blume danced with James Brann. Photos by Tim Stepien/The Coastal Star

ABOVE: Supporters of South County YMCA President Jason ‘Twinkle Toes’  Hagensick cheered him on as he danced with Loreta Kriksciukaityte BELOW.

Kriksciukaityte also teamed with Jody Saffert of Boca Raton Regional Hospital

Fran Nachlas celebrates after winning the prize as top female fundraiser, with more than $182,000 in donations. Eddie Ventrice raised over $243,000, the most among the males.

By Mary Hladky

Suspended Boca Raton Mayor Susan Haynie’s trial on public corruption charges is scheduled to start March 23.

Bruce Zimet, Haynie’s criminal defense attorney, and Assistant State Attorney Brian Fernandes requested the trial date at a Sept. 10 hearing before Circuit Court Judge Jeffrey Gillen. Both anticipated a five-day trial.

Over the past year, Zimet has repeatedly said Haynie would not accept a plea deal.

Haynie, 64, a fixture in Boca Raton politics for 18 years, did not appear at the hearing. She has pleaded not guilty.

If Haynie were acquitted, she potentially could reclaim the mayor’s office, but only for a matter of days. Even if Gov. Ron DeSantis immediately reinstated her, her term of office would end on March 31 when the next City Council terms begin.

Mayor Scott Singer, who was elected four months after Haynie’s arrest, is seeking re-election.

Haynie 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.

Former Gov. Rick Scott suspended her from office, but she has not resigned.

Prosecutors contend that Haynie used her position on the City Council to vote on four matters that financially benefited James Batmasian, the city’s largest downtown commercial landowner, and failed to disclose income she had received from him.

The investigation by the Palm Beach County State Attorney’s Office found that Haynie failed to report $335,000 in income on financial disclosure forms required by the state, including $84,000 from Batmasian or his company Investments Limited, from 2014 through 2017.

Before her arrest, the Palm Beach County Commission on Ethics, which also investigated Haynie for voting on matters that financially benefited Batmasian, reached a settlement with her in which it reprimanded and fined her for failing to disclose a conflict of interest, but dismissed a second allegation that Haynie misused her public office.

The Florida Commission on Ethics last October found probable cause that Haynie violated state ethics laws in eight instances, but that case is pending resolution of the criminal case.

The state commission, which also probed Haynie’s financial links to Batmasian and Investments Limited, found that she failed to disclose income, acted to financially benefit herself and her husband and improperly voted on matters that benefited Batmasian and his wife, Marta, without disclosing a conflict of interest.

The evidence gathered against Haynie by the three agencies is similar. One key difference is that while state prosecutors initially determined Haynie voted on four matters that financially benefited Batmasian from 2014 through 2017, state ethics investigators found 17 votes between 2012 and 2016.

New discovery filed by the state in June shows two additional times in which Haynie voted on matters involving Batmasian.

The more significant was Batmasian’s request to build eight townhomes on 1.1 acres at 101 Pine Circle in Boca Raton. He sought approval for rezoning that would allow him to nearly double the number of units he could build on the land and sought permission to abandon a 10-foot public utility easement, according to city documents.

The Planning and Zoning Board unanimously recommended approval on Aug. 20, 2015, and the City Council unanimously granted approval two months later on Oct. 27.

Batmasian bought the property for $737,000 in 2012 and sold it for $1.5 million in 2016, county property records show. The townhomes were never built.

In the second case, the City Council unanimously granted conditional approval on Dec. 8, 2015, to allow a restaurant in Plum Plaza at 141 NW 20th St.

The six matters were uncontroversial, and all but one received unanimous or near unanimous City Council support.

Haynie’s vote made a difference in only one instance. In an appeal of a Community Appearance Board denial of approval for two signs, the City Council reversed the CAB’s decision by a 3-2 vote on Jan. 10, 2017, with Haynie in the majority.

By Mary Hladky

Boca Raton’s property tax rate will remain unchanged from last year.

City Council members unanimously approved a rate of $3.6787 per $1,000 of taxable property value on Sept. 23.

Although the rate stays the same, it amounts to a 4.2% increase in taxes because the city’s property values increased this year. Boca Raton’s taxable property value is now $25 billion, more than any other city in the county.

To bring in the same amount of tax money as last year, the city would have had to roll back its operating millage from $3.4793 to $3.3388 per $1,000 of taxable value. The operating rate does not include debt service.

The City Council also approved a nearly $784 million budget for fiscal 2019-20, a decrease from last year’s $864.6 million budget.

The drop is largely the result of the city’s eliminating from its reserves the $65 million that had been anticipated from the sale of the municipal golf course to GL Homes. That sale has been postponed until Oct. 31, 2020.

The budget adds 38 new positions to meet the demands of the growing city.

The new hires will include eight firefighters, four fire lieutenants and an assistant city manager. Longtime Assistant City Manager Mike Woika recently was elevated to become the city’s second deputy city manager.

The council’s May decision to keep its residential garbage collection and recycling services in-house, rather than outsourcing them to a private company, also contributes to rising costs.

Of the new positions, five are for garbage collection, including new refuse collectors. The city will buy new collection vehicles to replace its aging fleet and build a new vehicle maintenance and storage building.

As a result, sanitation rates will increase $3.99 to $21.59 per month for single-family residences, and $2.42 to $13.07 per month for multifamily buildings.

Homeowners also will pay $10 more for fire protection. The fire services assessment increased to $145 from $135 per household to offset the increase in the cost of providing fire services.

The fee for non-residential property varies depending on the size and type of the property. 

Robert Comparato offers to eliminate the development rights for 2500 and 2600 North Ocean and to provide $51.5 million in cash in exchange for Ocean Strand, 15 undeveloped acres straddling State Road A1A. He says the money could fund the proposed Boca National golf course and renovations for Gumbo Limbo Nature Center. Coastal Star Graphic/Google Earth

Plan for west of A1A comes with provision to preserve two beachfront parcels

By Steve Plunkett

Developer Robert Comparato is offering $67.5 million to buy Ocean Strand, 15 undeveloped acres straddling State Road A1A from the ocean to the Intracoastal Waterway.

In an unsolicited proposal to the Greater Boca Raton Beach and Park District, which owns the property, Comparato says he “holds or will hold” contracts to purchase 2500 and 2600 N. Ocean Blvd., two beachfront parcels that were denied variances this year to build four-story residences.

Comparato proposes exchanging the two parcels for Ocean Strand and giving the district $51.5 million in cash — enough, he says, to build a new golf course, expand and renovate the Gumbo Limbo Nature Center, and create a new “Parks for All People” inside Spanish River Park.

A five-star 171-room hotel, 110 condominiums, 30 villas and 35 boat slips would be built at Ocean Strand in Comparato’s plan. The purchase price would be reduced on a per-unit basis if his Compson Boca Group LLC were not able to win needed government approvals.

The Ocean Strand property east of A1A would be “deed restricted so as to prohibit any use thereof for purposes other than beach-related uses and beach access,” the proposal states.

The proposed deal would enable the district to “ensure that the 2500 property and the 2600 property will remain undeveloped,” the offer continues.

Beach and Park District Chairwoman Susan Vogelgesang, who received the proposal Sept. 11, handed out copies to commissioners at the end of their meeting that night. She said she would also forward copies to the City Council.

“I have not read it,” she said. “I don’t think that this is for us to agree on right now. I think it should be something that the city sees, and we negotiate with the city.” 

Commissioner Steve Engel, who in the past has said Ocean Strand would be privately developed “over my dead body,” repeated his opposition.

“It’s got to be rejected out of hand,” Engel said.

When the district and council met jointly Sept. 12, Andrea Stekloff, who lives in Boca Towers just south of Ocean Strand, wanted reassurances the property would remain public land.

“Do you plan on selling any other properties in order to fund this golf course?” she asked.

“Absolutely not,” Engel promised.

But at the district’s Sept. 25 budget hearing, Vogelgesang was less committal.

Gabriel Banfi, another Boca Towers resident, told district commissioners he reviewed their enabling legislation to see that the district could “borrow money, do a number of things.”

“But I don’t find the word ‘sell.’ ... Is the board in a position to sell Ocean Strand?” he asked.

“We have not even discussed it in an open forum,” Vogelgesang said. “So that will be a subject for probably our Oct. 7 meeting.”

Comparato’s figures set aside about $27 million for the golf course and about $24.8 million for Gumbo Limbo. He is valuing 2500 and 2600 N. Ocean Blvd. together at roughly $16 million.

His $67.5 million offer nearly matches the $67.6 million private appraisal the Beach and Park District got for Ocean Strand in June.

District commissioners asked for the appraisal with the thought of selling the property to the city and using the funds for the proposed Boca National golf course on Northwest Second Avenue north of Yamato Road and for Gumbo Limbo.

The district bought Ocean Strand in 1994 for $11.9 million.

A proposal in 2010 to build a private cabana club on the site sparked a firestorm of resident outrage. Ú

By Steve Plunkett

After a half-year of construction, Patch Reef Park has opened three artificial turf fields complete with state-of-the-art organic infill that promises not to give youngsters hot feet.

The GreenPlay infill, a mixture of coconut fiber and cork, “enhances overall player safety by providing lower field temperatures, less abrasiveness and increased foot stability,” turf manufacturer Sprinturf says.

The $4 million Greater Boca Raton Beach and Park District project, which began in March, replaced what previously were three natural grass fields.

“These fields will not require the extensive downtime for maintenance, hold up terrific in our tropical climate and give our youth the experience of playing on a professional level surface,” District Commissioner Robert Rollins said. “We are excited that the project is coming to a close and look forward to the community enjoying the fields.”

In other Beach and Park District news, commissioners on Sept. 11 elevated interim Executive Director Briann Harms to be their permanent director.

“The district has a long history of providing first-class facilities and amenities to enhance the recreational experience of our community, and it is a pleasure to be selected to continue that commitment,” Harms said.

Patch Reef’s artificial turf has permanent lines for football, lacrosse and soccer, but can be used for most any sport that requires a field, district facilities manager Melissa Dawson said. And a new drainage system underneath eliminates the need to cancel games because of soggy fields, said Dawson, who oversaw construction of the project.

Patch Reef Park, on Yamato Road just west of Military Trail, is co-owned by the district and Palm Beach County. The district pays the city to operate and maintain it.

Earlier versions of artificial turf used rubber pellets for the infill, which retained heat from the sun. For years, district commissioners resisted putting in turf after conflicting reports on its cost and how hot it would get. The Boca Raton City Council, the district’s partner in many recreation efforts, had endorsed a goal of installing turf to save money and increase playing time.

“I don’t know how many of those folks [at City Council] have gone to Dade County and stepped on one of those fields at noon as I did and found there was just one player out there and he could hardly wait to get off because his feet were burning from the heat,” Rollins said in 2011.

But at a joint meeting in 2015 the council and the district reached a compromise allowing commissioners to install artificial turf at Patch Reef and put in four grass fields at city-owned DeHoernle Park on Spanish River Boulevard.

Harms, 40, served as the district’s assistant director from 2013 through 2018. Her predecessor, Arthur Koski, tapped her as his replacement.Ú

By Rich Pollack

In what might seem like déjà vu, Highland Beach’s Financial Advisory Board has been tasked with reviewing the town’s 2016 contract with Delray Beach for fire and rescue services.

The Town Commission’s decision to review the contract to make sure it is reasonable and to examine possible alternatives came after Commissioner Peggy Gossett-Seidman expressed concerns that the agreement could saddle the town with large expenses until it ends on Sept. 30, 2026.

“I did the math and I looked into the potential cost over the next five years and it added up to a surprisingly high amount,” Gossett-Seidman said. “I feel the town and its residents are not prepared for this.”

Gossett-Seidman first raised questions about the fire contract during discussions of the fiscal 2019-2020 budget during which Highland Beach will pay Delray Beach $4.47 million for fire and rescue services.

That number reflects a $214,700 increase over the previous year, or about a 5% increase.

The increase comes after an estimated 8% increase the previous year.

According to numbers provided by the town at Gossett-Seidman’s request, Highland Beach will pay Delray Beach a total of $48 million over the course of 10 years, assuming the rate increases 5% a year for the next six years.

That number would rise to $51.6 million if the rate increased by 8% a year for the next six years.

“I don’t know where we would get this money, except to raise taxes,” she said.

But other members of the commission, who agreed that another look at the agreement is warranted, did not seem alarmed.

“I understand that it’s a lot of money, but providing fire rescue and police services, those are expensive items,” said Commissioner Evalyn David.

Vice Mayor Greg Babij, who chaired the Financial Advisory Board before being appointed to the commission earlier this year, believes that increases in property values could offset the increases in fees for fire rescue services without the town’s having to raise the tax rate.

Babij said the town’s taxable property values went up about 5% last year and have averaged increases of about 2.2 percent over the past 10 years. 

“If property values go up 2.5 percent, holding the millage rate constant, about $250,000 in additional revenue is generated,” he said. “A 2.5 percent increase in property values roughly offsets a 5% increase in the fire contract.”

Others have pointed out that the increase in Delray Beach’s fee could potentially be lower than 5% under the terms of the contract.

Town Manager Marshall Labadie says that under the agreement, the fees Delray Beach charges Highland Beach are tied to actual costs.

“The numbers have to match their true costs,” he said. “If they have a 3% to 5% labor cost, we have a 3% to 5% labor cost.”

Highland Beach pays an additional administrative fee.

“The contract is pegged to Delray’s cost of providing the service,” said Town Attorney Glen Torcivia, who was part of the team that negotiated the agreement.

Torcivia told commissioners that prior to the contract’s signing, town officials looked at a variety of alternatives, ranging from joining a once-proposed barrier island fire district to having services provided by Palm Beach County Fire Rescue or another nearby municipality.

Boca Raton was not interested in providing the service, and having service provided by Boynton Beach was not practical, nor was the idea of a barrier island fire department. Having the county provide fire rescue services would be too expensive, Torcivia said.

In its request to the Financial Advisory Board, commissioners asked for a review of alternatives as well as a review of the agreement.

“The contract was the best that could be done at the time because there were no alternatives,” said board member Doug Hillman, who believes that a periodic review of the contract is a good idea.

“We should on occasion always be looking for alternatives,” he said.

The request from the current commission is similar to one that came to Financial Advisory Board in July 2018. At the time, commissioners asked the board to study the feasibility of creating a Highland Beach Fire Department.

“The conclusion was that it wasn’t obvious that Highland Beach could easily re-create the standalone department at a reasonable cost,” Babij said, adding that the board recommended the town hire an outside consultant if it wanted to go forward with a standalone department.   

In raising questions about the agreement, Gossett-Seidman questioned the legality of the long-term contract and whether the town met conditions of its charter, which requires a referendum before the town can spend more than $350,000 on any one project.

Torcivia, after a lengthy review, concluded the agreement was lawful.

For her part, Gossett-Seidman says that because the contract for fire services is a huge expense, it’s important to review it periodically.

“We need to take a fresh look at the contract and our options on behalf of our residents,” she said. “It just needs a hard look, and we would be remiss if we don’t.” Ú