By Steve Plunkett

After missing a June 20 target for reopening the Camino Real bridge and then a less definite goal “towards the end of July,” Palm Beach County officials on July 30 had not committed to a new opening date.

Deputy County Engineer Tanya McConnell said contractor Kiewit Construction had two milestones to meet as part of its $8.9 million contract, one for the opening of the bridge and the other for completion of the project.

“The contractor has been put on notice that they are currently incurring $10,000 per day for the opening and about $3,000 per day for the overall contract,” McConnell said in an email to County Commissioner Robert Weinroth.

The work is still being inspected, McConnell said.

“We have a separate company doing the inspections called AE Engineering. We also have our county inspection staff in an oversight role,” she said.

The bridge closed to land traffic on April 12, 2018. Crews started working nights in mid-May to meet the anticipated June 20 reopening. 

By Mary Hladky

Boca Raton now has a sustainability action plan, the first major city effort to begin protecting residents from the effects of global warming and sea level rise.

“This will be a road map for the Office of Sustainability going forward, the direction we want to go in and some actions it will take to get there,” Sustainability Manager Lindsey Nieratka said in unveiling the plan at a July 22 city workshop.

The document is preliminary and is intended to be updated as Nieratka gets additional data.

The city is conducting a greenhouse gas emissions inventory to learn who or what is emitting them and to develop strategies to reduce them. It wants to reduce emissions by 15 percent by 2025.

It also is conducting a climate change vulnerability assessment that will be used to reduce the impact of greater tidal flooding, higher storm surge, heavier rainfall and increased heat.

The action plan focuses on seven main areas: resource use, waste, the natural environment, the built environment, transportation, climate resiliency and local government.

Goals include reducing the use of electricity by the city and its residents by 10 percent and reducing water consumption by 5 percent by 2025.

The city wants to reduce solid waste by 20 percent and increase recycling by 10 percent, along with reducing plastic pollution.

It also aims at increasing Boca Raton’s tree canopy by 35 percent and to have all new city buildings built to green standards.

The transportation goals include reducing city fleet fuel usage by 20 percent and commuting by single-occupant vehicles by the same amount.

Another aim is to increase the city’s investment in sustainability and to train city staff on the subject.

The city intends to ramp up its efforts even further after it meets its initial goals.

Many more goals and targets are outlined in the plan, which is available on the city’s website, www.myboca.us. 

By Rich Pollack

A developer that hopes to build townhouses in Highland Beach has less than a month to seek a permit for work done almost two years ago.

During a July 23 hearing, the town’s Code Enforcement Board voted unanimously to give Golden City Highland Beach 30 days to file for a permit that town officials say should have been applied for before fill was added after trees felled by Hurricane Irma were removed.

Should Golden City not comply with the board’s order, it would be fined $250 a day until it makes the permit application.

Town Manager Marshall Labadie says the town is only asking the developer to apply for a permit for work that has already occurred.

“The resolution to the current enforcement order is to simply apply for the permit,” Labadie said. “We’ll review the application and schedule it for the next available Town Commission meeting.”

Attorneys for the developer contend that a permit is not necessary, in part because town officials at the time knew the work was being done — and, in fact, required the trees to be removed — and did not request a permit.

Attorneys also argue that because the property is a protected wetland, it falls under the jurisdiction of the South Florida Water Management District, not the town.

At the root of the dispute between the town and the developer is Golden City’s removal of four Australian pine trees and three Brazilian pepper trees that were knocked over during the 2017 hurricane.

Attorney Jamie Gavigan, who represents Golden City, said his client was asked by the town to remove the trees and town officials watched as fill was added for safety purposes.

“Trees were uprooted and because there was a hole, fill was put in to make sure the area was safe,” Gavigan said.

The filling of the holes left by uprooted trees caught the attention of the South Florida Water Management District before the town got involved.

In September, the water district and Golden City entered into a consent agreement in which the property owner agreed to pay $14,200 in civil penalties for filling the land where the trees had been removed without a permit.

Golden City is also required by the water district to remove fill and restore the area.

Town officials say that a permit is required before that work can be done, but Gavigan argues that the town’s authority is trumped by that of the water district.

Prior to last month’s hearing, lawyers for Golden City asked for a continuance because a member of their firm with valuable information was unable to attend.

The Code Enforcement Board denied the request, and Gavigan implied that an appeal of that decision could be filed. If that happens, the case would be heard in Palm Beach County Circuit Court. Ú

By Steve Plunkett

The gulf separating visions of golf in the city widened in July as the City Council sought fresh ideas from course architects and the Greater Boca Raton Beach and Park District tentatively set an almost 36 percent tax increase.

Council member Andy Thomson suggested issuing a “design challenge” to get informal drawings from certified architects in time for the council’s Aug. 27 meeting.

“They bring to us some concepts of how we could build this course for less,” Thomson said at the council’s July 23 meeting, setting a ceiling of $8 million for an 18-hole course on the west side of Northwest Second Avenue. “Let’s ask them to come here, share their ideas.”

While the council embraced Thomson’s idea, Deputy Mayor Jeremy Rodgers went a step further.

“I think it’s time for the city to take the lead on this in a lot of ways. I think that is the way we become partners at this point,” he said.

The city also said it would pay for and build a second phase of sports fields at de Hoernle Park in 2022. City officials had expected the Beach and Park District to cover the nearly $10 million cost since the district financed the first phase of fields, but beach and park commissioners had already deleted the future expense because the city for years would not green-light the project.

Under an interlocal agreement, the district needs the City Council to approve its golf course design before it can even submit plans to the building department for permits. District commissioners were also hoping council members would commit to paying most if not all of the $20 million estimated for construction.

Facing a deadline for setting a tentative property tax rate and lacking a financial commitment from the council, District Commissioner Robert Rollins proposed a rate of $1.1956 per $1,000 of taxable value, a 35.7 percent increase from the rollback rate of $0.8808 per $1,000.

If adopted in September, the tax increase would give the district an additional $10.3 million in revenue, said Merv Timberlake, the district’s financial adviser.

At an earlier meeting, Art Koski, the district’s former executive director and now manager of its Boca National Golf Course project, said keeping taxes at that level for five years would pay for building the new course as well as let the district repay the city early on a $19 million bond issue used to buy the land for the course, which straddles Northwest Second Avenue north of Yamato Road.

This year a home with a taxable value of $1 million paid about $915 in beach and park taxes. If the district sticks with Rollins’ proposal, that homeowner would pay about $1,196.

Under state statutes, at least four of the five commissioners will have to vote yes to approve the increase. A simple majority is needed if they whittle the increase to $1.1171 per $1,000 of taxable value, which would be a 26.8 percent boost and a tax bill of $1,117 for the $1 million home.

District Vice Chair Erin Wright voted to set the higher tentative rate, but only so taxpayers could voice their opinions at budget hearings.

“I was elected to represent all of our residents, and that includes those who don’t want their taxes increased to pay for a golf course,” she said. “I will likely not support this in September after I’ve had a chance to hear from all our constituents at the two public meetings.”

But she promised a new course would be built even if taxes are not raised.

“Everyone on this board is committed to golf, and the council has made it clear that they are committed to keeping golf in Boca as well,” Wright said.

Looking for more from city

Unhappiness with the City Council’s position extended to other areas of cooperation between the two governments.

“We need to reexamine all the commitments we’ve made to the city, not only in this upcoming [parks and recreation] budget but as far as our CRA contribution goes, our beach renourishment contributions go, because it seems to me that we’re always the guy with the hand in the pocket taking out money to give to the city every time they ask,” District Commissioner Steve Engel said.

The district is budgeting $1.4 million for the city’s Community Redevelopment Agency in 2019-2020 and $1.7 million for beach renourishment.

Commissioner Craig Ehrnst proposed asking Boca Raton to pay the estimated $3.2 million for replacing seawater pumps and piping for the Gumbo Limbo Nature Center.

“They’re the ones who are managing the project, they’re the ones who are going to exceed the initial [$2.9 million] cost and it has grown, so I would like to see the city take that project completely and ask that they pay for it,” he said.

Ehrnst was the sole vote against setting the $1.1956 tax rate, saying he wanted to trim budgets first before talking about taxes.

By Steve Plunkett

Lawyers for the owner of an undeveloped lot at 2500 N. Ocean Blvd. made another unsuccessful attempt July 23 to win permission to build on the beach.

The City Council voted 5-0 not to grant a variance allowing construction east of the city’s Coastal Construction Control Line.

“I believe the applicant has failed to meet its burden to provide competent and substantial evidence that it has met the criteria for the variance,” Mayor Scott Singer said.

The result matched a unanimous recommendation for denial in April by the city’s Environmental Advisory Board. The city’s Development Services Department also urged that the request not be approved.

The council’s decision, the final word on the issue unless landowner Natural Lands LLC goes to the courts, was its second affirmation of the CCCL this year; in February it denied a CCCL variance to build a four-story duplex two parcels north, at 2600 N. Ocean Blvd.

But 2500 N. Ocean’s application came with approvals that 2600 lacked — from the state’s Department of Environmental Protection and its Fish and Wildlife Conservation Commission.

Natural Lands wants to build a 48-foot-tall, 8,666-square-foot single-family home at the site, and obtained a Notice to Proceed from the state DEP in October 2016.

Brandon Schaad, Boca Raton’s development services director, said that notice was based on a zoning confirmation letter the city “mistakenly issued” that did not point out the property owner still would have to get a city CCCL variance. Also, he said, the state agency sent the city’s copy of the notice to an “incorrect” email address.

“In any case, the city has its own CCCL regulations that are separate and apart from any addition to the state’s regulations, meaning that the FDEP’s actions are irrelevant to the proposed variance,” Schaad said.

Attorney Neil Schiller, representing the property owner, asked Singer and council members Andrea O’Rourke and Monica Mayotte to recuse themselves from the vote based on comments they made when running for office about protecting the beach.

He also asked that Schaad’s statements on sea turtles and environmental impacts be ignored, saying Schaad was not a qualified expert on those topics.

In its review the state Fish and Wildlife Conservation Commission wrote that “the project does not significantly impact marine sea turtles and their habitat,” Schiller said.

And he argued that reports by Boca Raton’s experts, consultant Mike Jenkins of Applied Technology & Management Inc. and city marine conservationist Kirt Rusenko, were “flawed” by contradictions and incorrect information, citing an email advising Jenkins that a map of turtle nesting patterns was off due to a “slight geo-shift.”

Even so, Schiller said, “Based on this graphical representation, there is zero sea turtle activity close to the structure itself or the cantilevered area under the structure.”

The City Council caused a public outcry in December 2015 when it approved a zoning variance at 2500 N. Ocean to allow something to be built on the 85-foot-wide lot. City rules normally require lots at least 100 feet wide.

Fewer than 10 members of the public spoke at the July 23 hearing; all opposed the CCCL request.

“This isn’t about property values. This isn’t about views. This is about preserving and protecting our city’s code of ordinances and our sensitive marine ecosystem,” said Jessica Gray, who founded the group Boca Save Our Beaches after the council’s 2015 decision.

David Sergi, another beach advocate, said there was a reason the council chamber was not filled with more opponents.

“I think people have been talking about trains a lot this week and golf courses, and they’re just not here tonight; they’re tired,” Sergi said, referring to a five-hour meeting the day before on a possible Virgin Trains station downtown and the proposed Boca National Golf Course.

Schiller repeatedly stressed that the previous lot-width variance showed that 2500 N. Ocean was “suitable for construction.”

“Again — I’m harping on this because it’s so important — in 2015 this body determined this property was developable and buildable by granting the minimum lot-width variance. The property has not moved location since, neither has the CCCL,” Schiller said.

After the City Council denied a CCCL variance in February for a four-story duplex at 2600 N. Ocean Blvd., that applicant asked that a Palm Beach County circuit judge review the EAB and council decisions for irregularities. The legal request is pending.

A court review is a prerequisite to filing a Bert Harris Act lawsuit for damages resulting from a government taking of private property. 

By Mary Hladky

A Palm Beach County circuit judge has thrown out a lawsuit brought by developer and landowner Crocker Partners that sought $137 million in damages from Boca Raton for actions Crocker claims left it unable to redevelop its Midtown property.

In his July 19 ruling, Judge Howard Coates Jr. sided with Boca Raton across the board, granting the city’s motion to dismiss the lawsuit and ruling against all of Crocker Partners’ legal arguments.

“We are pleased to have received a favorable order” on the motion to dismiss, the city said in a statement.

Crocker Partners will appeal the ruling, said managing partner Angelo Bianco.

“We consider it an incorrect application of the law,” Bianco said. “At the end of the day, we believe the 4th District Court of Appeal will rule in our favor.”

Crocker Partners will continue to pursue two other lawsuits it filed against the city, Bianco said.

The litigation arose out of unsuccessful efforts by Crocker Partners and other landowners to persuade the city to allow them to build residential units on 300 acres they wanted to redevelop in Midtown, located just east of the Town Center mall.

After years of negotiations, the City Council on Jan. 23, 2018, was to vote on proposed regulations that would have allowed residential development. But the council indefinitely postponed that vote and instead agreed to have city staff prepare a “small area plan” for Midtown — a decision that stymied the landowners’ ability to move ahead with redevelopment.

The city abruptly halted small area planning on Oct. 9 and passed a resolution stating the planning was concluded on Nov. 14. Early this year, the City Council approved an ordinance that enacted land development regulations for Midtown that allowed for cosmetic improvements but did not include any residential development.

Crocker Partners first sued on May 23, 2018, seeking to have a judge compel the city to write land development regulations for Midtown, and to rule that the council’s delay in adopting them and creating a small area plan were illegal.

It followed that up with a Bert Harris Act lawsuit on Oct. 23 seeking $137 million in damages caused by its inability to redevelop its land. The act is intended to protect the rights of property owners when a government restricts or limits their private property rights.

Crocker Partners’ third lawsuit, filed on March 27, claims the city made misleading statements in public documents and violated the state’s Sunshine Law to prevent residential development in Midtown. It also accused city officials, including unidentified City Council members, of acting in secret to thwart its plans for Midtown.

Coates’ order states that the Bert Harris Act provides compensation to property owners who lose existing or vested zoning rights, but not to property owners who do not receive new development rights.

Crocker Partners retained the ability to build commercial, retail and offices, as was allowed both before and after the council passed new ordinances pertaining to Midtown, the order states.

Crocker Partners contended it had a reasonable belief that the city would allow residential development in Midtown because the area’s land use designation permitted residential. The small area plan process also gave Crocker Partners reason to believe residential would be allowed because it was discussed and city residents generally did not oppose it.

Coates rejected that, saying it was not a reasonable expectation.

“Further, to allow such expectations to be founded on comments made by staff, at workshops, or even in council meetings, in the absence of a final act or decision by the legislative body, would open the flood gates to potential claims of parties based on what was said as opposed to what was actually done by a governing body,” he wrote.

In a footnote, Coates also rejected Crocker Partners’ claim that the council’s delay in creating land development regulations for Midtown created an illegal building moratorium. A moratorium temporarily prevents permitted uses of land, but residential development has never been permitted for Midtown, he wrote. Ú

By Rich Pollack

Highland Beach town commissioners will spend the next few weeks looking for ways to trim about $450,000 out of a proposed 2019-2020 budget in hopes of avoiding either slightly raising the tax rate, borrowing from reserves or a little of both.

In July, commissioners approved a maximum tax of $4.05 for every $1,000 of taxable property value, up 9 percent from the current rate and 13.2 percent from the rollback rate of $3.58 per $1,000.

Town leaders, however, made it clear that they have no intentions of setting the tax rate at that level but needed to set a “not-to-exceed” rate by the end of the month to comply with state law.

“We’ve already started the process of reducing expenses,” Town Manager Marshall Labadie said. “We’re in great shape and confident that we will not be at that rate by the end of the process.”

But Labadie told commissioners that it will be difficult to balance the budget only by cutting expenses.

“We can’t make up the difference with just cuts without impacting services,” he said. “We’ll have to have an upward adjustment of the tax rate or pledge the use of reserves.”

Labadie, who has been working closely with Finance Director Matt Lalla to find ways to trim the gap between expenses and revenues, will be looking with commissioners in upcoming weeks for more cost-cutting opportunities.

“The upward adjustment of the tax rate and/or the use of reserves will be very minor by the end of the process,” Labadie said. “We’re hoping to get to a number that will be palatable for everyone.”

Mayor Rhoda Zelniker said she hopes to avoid reaching into the town’s more than $5 million of unrestricted reserve funds in the coming fiscal year. She pointed out that the town pledged close to $1 million from the reserves over the past two years.

“We can’t constantly take money out of reserves,” she said.

In addition to taking money from reserves for the current fiscal year, commissioners raised the operating tax rate for the 2018-2019 fiscal year from $3.07 per $1,000 of taxable value to $3.12 per $1,000.

Were the town to go to the maximum tax rate approved last month, which is not likely, the operating tax rate would be $3.43 per $1,000 of taxable value while the debt service rate would be $0.62 per $1,000.

That would still be lower than the 2016 operating tax rate of $3.50 per $1,000 of assessed value.

Property tax revenues are the biggest source of income for the town, generating about $10.1 million or about 80 percent of the overall general fund revenue.

On the cost side, public safety continues to be the biggest expense, with fire service provided by Delray Beach expected to cost $4.47 million, about a 5 percent increase over last year.

The cost of operating the town’s police department is expected to increase about 2.1 percent to about $2.6 million.

Labadie said that one of the pluses for the town as it plans for the coming year is that health care costs for town employees did not increase.

As he and members of the commission prepare for budget workshops this month, Labadie assured town leaders and the public that Highland Beach is on strong financial footing.

“The town is in great shape,” he said.

The numbers are in: Census | Crime

By Mary Hladky

While the taxable value of Palm Beach County properties has risen for the eighth year in a row, the rate of growth continues to slow.

Countywide taxable property values increased 6.2 percent to $199 billion this year, down slightly from 6.5 percent last year, according to the 2019 preliminary tax roll that the Palm Beach County Property Appraiser’s Office has submitted to the state.

The total market value of countywide properties is now $277.6 billion, up from $264.7 billion last year.

Property Appraiser Dorothy Jacks, presenting preliminary data to county commissioners on June 18, described the increases as “positive, healthy growth.”

“The slow and steady increase of the last three years will probably continue next year,” she said.

Sales prices are rising along with taxable property values.

The county’s median sales price increased 3.1 percent to $364,900, $10,900 more than in May 2018, the Realtors of the Palm Beaches and Greater Fort Lauderdale announced in June.

“It is a healthy real estate market. It is a balanced real estate market,” said Realtors president Jeffrey Levine.

New apartment complexes are responsible for a significant part of the $2.6 billion of new construction added to the tax roll, including 20 last year and another 11 this year, Jacks said.

The hotel industry is seeing its best years since the 1960s, she said, with a dozen new hotels added to the tax roll this year and next. Warehousing also is strong.

“The downtown cores continue to do very well,” most notably in Boca Raton and Delray Beach, Jacks said.

Boca Raton’s taxable property value, at $25 billion, outpaces every other city and town in the county. By comparison, West Palm Beach’s taxable value is $13.6 billion.

In south Palm Beach County, Boynton Beach has vaulted over Delray Beach to claim the highest percentage increase in value. Boynton Beach jumped 7.4 percent from 2018 to 2019, while Delray Beach rose 6.6 percent, down from last year’s 8.6 percent.

Boca Raton values were up 4.9 percent, compared with 6.3 percent last year.

Boynton Beach Mayor Steven Grant views the percentage change as minor, since Delray Beach property values have increased more than those in his city.

But he noted that Boynton Beach this year exceeded its previous record-high 2009 property valuation and now has reached $6.2 billion.

“That is something I am very happy about,” Grant said. “It looks like we are growing at a reasonable rate. Based on actual property valuation numbers, we are not growing faster than we should be.”

The overall growth leader in south Palm Beach County last year was Manalapan, whose values jumped 10.5 percent to $1.36 billion. This year, its percentage growth dropped to 2 percent, although its taxable value rose slightly.

Town Manager Linda Stumpf could not explain the percentage rate drop but was not concerned about it. New construction added to the tax roll was $22 million, down only slightly from last year.

Briny Breezes’ taxable value increased 8.8 percent, down slightly from last year’s 10.2 percent. But the valuations were $53.8 million, up from last year’s $49.5 million.

“Our location is extremely attractive and I think the Property Appraiser’s Office recognized that,” said Town Manager Dale Sugerman.

The largest Boca Raton projects added to the tax roll were the 24-unit 327 Royal Palm condo at 327 E. Royal Palm Road, the 180-unit The Lumin Boca apartments at 5500 Broken Sound Blvd. NW, and the 90-unit Cade Boca Raton apartments at 950 Broken Sound Parkway NW.

Boynton Beach’s largest were the 341-unit 500 Ocean apartments at 101 S. Federal Highway, Santorini at Renaissance Commons apartments at 1645 Renaissance Commons Blvd., and a warehouse distribution center at 1400 SW 30th Ave.

Delray Beach’s biggest were the Symphony at Delray Beach assisted living facility at 4840 W. Atlantic Ave., South Florida Proton Therapy Institute on the Delray Medical Center campus, and the Rocco’s Tacos restaurant building at 110 E. Atlantic Ave.

Taxable values increased in all of the county’s cities and towns. Those with biggest percentage increases were Mangonia Park with 11 percent, Glenridge and Lake Worth with 10 percent, and Palm Beach Gardens with nearly 10 percent.

Local governments use the tax roll numbers to calculate how much property tax money they can expect in the coming year so they can set their annual budgets and 2019-2020 tax rates.

That process will end in about mid-September, before the Oct. 1 start of the new fiscal year.

An increase in taxable value means that the county, cities and towns will collect more money from property owners even if they keep their tax rates the same as last year.

Elected officials can increase tax rates even though property values have risen, but they typically don’t want to anger taxpayers by doing that. They often opt to decrease the rate a small amount so they can say they have lowered taxes even though their tax revenues will rise. 

The numbers are in: Census | Property Values

By Rich Pollack

Your doorbell camera and other video security systems could be a factor in a significant drop in crime in south Palm Beach County coastal communities.

According to Florida Department of Law Enforcement statistics released in late June, the number of 2018 crimes dropped from the previous year in every coastal South County community except for Lantana.

In the smallest communities, the number of significant crimes — ranging from auto theft to murder — dropped substantially. In Gulf Stream, for example, only three crimes were reported in 2018, down from 28 the previous year. In Ocean Ridge, the number dropped from 46 to 30, and in Highland Beach there were 27 crimes reported compared to 40 the previous year.

South Palm Beach, which in 2017 reported 12 crimes, had only one theft and one burglary reported in 2018. Manalapan’s crime numbers dropped from 28 to 16.

Larger cities in the area also saw a drop in overall crime rates, as did Palm Beach County, where the crime rate declined 11 percent. Statewide, crime was down in 2018 by 9 percent from the previous year.

One common denominator in every coastal South County community was a decline in burglaries, and many in law enforcement say technology may be a driving factor.

“We’re seeing more home security cameras and more doorbell cameras,” said Highland Beach Police Chief Craig Hartmann. “They’re a deterrent and also a solution. When we do have a problem, we are now getting digital evidence.”

Technology that allows homeowners and business people to monitor their systems remotely is also playing a role in preventing burglaries and apprehending suspects when they do occur.

“Technology is a deterrent,” said Delray Beach Assistant Police Chief Gene Sapino, who pointed out that alarm systems also help prevent break-ins.

A case in point: Late last month, a Delray Beach resident was at work when his home security company notified him that his alarm was activated. Police were notified, and using his phone, which was connected to surveillance cameras, he could see someone inside his home carrying a bag.

Officers arrived and arrested a suspect as he walked out of the home. They also recovered items taken from the home.

Boynton Beach police say they too see technology as helping to prevent crimes.

“Many homes in our city are equipped with doorbell cameras and video surveillance,” said police spokesperson Stephanie Slater. “Residents often contact us when they see suspicious activity on videos, and we appreciate their willingness to work with us to keep their neighborhoods safe.”

Law enforcement officials throughout the area say that improved cooperation and communication between police and residents also play a role in lowering rates of burglary and other crimes.

“We have a good working relationship with our communities,” said Sapino of Delray Beach, where community engagement is a high priority for the Police Department.

Communication with residents — and residents who follow through — may also be a factor in keeping crime down.

“Successful policing of any community requires a cooperative effort between law enforcement and the people they serve,” said Ocean Ridge Police Chief Hal Hutchins.

In Boca Raton, technology and communication with the public are coming together thanks to a recently announced partnership between the Police Department and Ring. The video doorbell maker offers a neighborhood watch app, “Neighbors,” that provides real-time, local crime and safety information. 

Although crime is on the decline, police throughout the area say residents still need to be vigilant and take steps to avoid becoming victims. One concern remains the rise in thefts from cars, often committed by people from outside the area.

Law enforcement is continuing to urge residents not to leave valuables, especially guns, in their vehicles overnight and to keep locking their cars, trucks and SUVs. 

The numbers are in: Crime | Property Values

By Mary Hladky

Federal tax law changes in 2017 are persuading more people to flee high-tax states like New York and relocate to lower taxing Florida.

U.S. Census Bureau estimates show Florida’s population has increased from 18.8 million in 2010 to 21.3 million last year, cementing the state’s position as the nation’s third-largest behind California and Texas.

Palm Beach County’s population jumped 12.6 percent during the same time period to nearly 1.5 million, the Census Bureau reported in May.

Boca Raton added nearly 15,000 residents, more than any other city in the county, to bring its estimated population to 99,244.

Falling in line behind Boca Raton in south Palm Beach County, Manalapan, Boynton Beach and Delray Beach all saw gains of more than 14 percent.

Politicians in high-tax states, including New York, New Jersey and California, and local real estate experts point to the tax overhaul as helping propel the growth because it placed a $10,000 cap on deductions of state, local and property taxes on federal returns.

The legislation included the cap on the so-called SALT deduction as a way to pay for some of the $1.5 trillion tax cuts for individuals and corporations.

The impact of the cap can be substantial. Citing the Tax Institute at H&R Block, Bloomberg reported in January that a New Yorker with $10 million in ordinary income and a $10 million home would have saved $1,173,278 in total taxes by relocating to Florida on Jan. 1, 2018, when the tax law took effect.

An analysis by the Partnership for New York City, which represents the city’s largest private-sector employers, showed that a family of four that earns $175,000 in the city will pay 25 percent of its income in taxes, compared to 14 percent for the same family in Florida.

A married Floridian making $10 million gets $227,619 in tax relief, while a married New Yorker is hit with a $257,177 tax hike because of tax deduction cap, according to the analysis.

New York Gov. Andrew Cuomo blames the tax law for driving people out of the state and causing a $2.3 billion state budget shortfall. He mentioned Florida as an attractive option for New Yorkers unhappy with the law, The Wall Street Journal reported in February.

Congressional Democrats have introduced several pieces of legislation to roll back the deduction cap.

The Joint Committee on Taxation, Congress’s nonpartisan tax scorekeeper, determined in June that a cap repeal would lower the tax burden of those with income of at least $1 million by $40.4 billion.

“It is very real,” Jay Phillip Parker, CEO of Douglas Elliman Florida, said of the migration of affluent people from high-tax states to Florida because of the tax overhaul.

“There was a slow trickle after (the tax law) was released,” he said. “But the implications didn’t come into full effect until this year.”

Parker thinks the outflow to Florida, especially from New York, Connecticut, New Jersey and California, will continue to increase. “We think we are in the first inning of a long game,” he said.

Parker spoke on the subject at a forum hosted by developer Penn-Florida Cos. and Douglas Elliman real estate brokerage on May 22 at the sales gallery of The Residences at Mandarin Oriental, a 92-unit luxury condo that will sit next to a Mandarin Oriental hotel now under construction in Boca Raton. Douglas Elliman is handling sales and marketing.

The Residences is the type of project that would benefit from affluent people fleeing the Northeast. Penn-Florida has not released sales figures.

The tax law change “is driving a lot of our business,” said Jeffrey Levine, president of the Realtors of the Palm Beaches and Greater Fort Lauderdale.

“We are seeing a lot of relocation (from the Northeast) in my office,” he said. “Other agents are all saying the same thing.”

Kelly Smallridge, CEO of the Business Development Board of Palm Beach County, said she has seen an increase in people and companies interested in relocating to avoid high taxes.

“Our phones definitely are ringing from companies looking to escape the high-tax environment,” she said. “It certainly doesn’t hurt that we have the best quality of life in Palm Beach County.”

Many of those migrating to Florida have high incomes.

A Bloomberg analysis of data from the Internal Revenue Service and the Census Bureau, published in May, found that Florida was the top recipient of a wealth exodus from 18 states. Incomes from people moving into the state were $17.2 billion more than the incomes of those leaving the state.

New York, Illinois and New Jersey contributed a total of about $8 billion to Florida’s income base.

New York’s annual net loss was the nation’s highest, with $8.4 billion leaving the state. Exiting incomes of $19.1 billion were replaced by people who brought in $10.7 billion less in income, according to the Bloomberg analysis.

Although there is no debate that the SALT cap has played a role in pushing people out of high-tax states, some contend the impact has been overblown. But there’s little hard data yet because the cap’s effects have drawn attention only recently.

The University of Florida’s Bureau of Economic and Business Research surveyed about 6,000 Florida residents last year on their primary reason for moving to Florida. Family and marriage were cited by 33.5 percent, climate and weather by 26.7 percent and a new job or job transfer by 13.6 percent.

They were not asked about taxes. But they were asked about low cost of living, which those surveyed might have selected if taxes were a key issue. Only 3.4 percent cited that as their primary reason.

“For some, (the SALT deduction cap) could be a motivating factor,” said Rich Doty, a research demographer for the bureau. “3.4 percent indicates it as not as big a factor as some say.”

He also questioned the economic benefit to the state if wealthy people come for whatever reason. Many of those relocating to Florida are retirees, and while they will buy houses or condos and boost the local economy, their overall impact might not be that significant.

“A lot of the retirees who are coming aren’t looking to invest in local businesses,” he said. “They are looking to retire.”

Further, Florida has always attracted people from other states. The obvious selling points are no state income tax, warm climate, ocean vistas and a lower cost of living than in many other parts of the country.

There’s also the question of why people are moving now, when a number of states and cities have levied heavy taxes for years. Some think the SALT deduction cap is the straw that broke the camel’s back, pushing people who were on the fence to act.

Jack McCabe, CEO of McCabe Research and Consulting in Deerfield Beach, believes that people in high-tax states are relocating and that the SALT deduction cap is one of the reasons.

But he also cites Florida’s pre-existing advantages, including no state income tax and luxury homes that cost about half as much as they do in the Northeast.

Incoming residents “get a better value and lower taxes,” he said. “And they have the sunshine and the water.”

Levine suggested that the UF bureau conduct a new survey. “If they did the study today, it would be a big difference,” he said. “The people contacting us did not see the effects of the tax law until the later part of 2018.”

The U.S. Census Bureau’s most recent state-to-state migration data showed that more New Yorkers came to Florida in the previous year than from any other state. They numbered nearly 64,000, followed by nearly 39,000 from Georgia, nearly 32,000 from Texas, nearly 31,000 from California, and nearly 29,000 each from Illinois and Pennsylvania.

Boca Raton’s population increased by 17.6 percent since 2010.

“Boca’s population is increasing because more and more people realize what an attractive place this is to live, work, raise a family, play, learn and retire,” said Mayor Scott Singer. “We are going to continue to see growth as long as our brand remains strong and people see the many virtues of living in Boca, especially compared to higher tax and older cities.”

The city prides itself on its low tax rate and the quality of its schools.

Singer also noted that about half of the corporations with headquarters in Palm Beach County are located in Boca Raton. One of them, Modernizing Medicine, is adding 850 high-paying jobs over the next five years, he said.

Although it did not add as many people as Boca Raton, Jupiter had the county’s highest population increase since 2010 by percentage at 18.5. The town added just over 10,200 residents, bringing the total to 65,524. 

By Mary Thurwachter

After more than a year of debate on what material to use for the trail at the Lantana Nature Preserve, the Town Council finally decided, on June 10, to choose asphalt, the most affordable option. But at the town’s next gathering, on June 24, the council agreed to revisit the issue after several fans of the 61/2-acre preserve at 440 E. Ocean Ave. protested the use of asphalt.

Hurricane Irma severely damaged the shell rock path in September 2017. By May 2018, the town considered replacing the shell rock path with a concrete trail, a $66,000 project that would be built over two years. But many people said they weren’t thrilled with the idea of a concrete walkway in a nature preserve, and some thought the cost excessive. Since then, various ideas on what material should be used for the trail have been proposed.

Councilman Ed Shropshire suggested pavers. Councilman Malcolm Balfour said a macadam path like those at many golf courses would be a good option. Councilman Phil Aridas said he thought a pressure-treated wood boardwalk was the way to go. Composite wood was also considered. No one wanted to use shell rock again, since it washes away easily.

At the June 10 meeting, Dr. Paul Arena, ecology and environmental science professor at Nova Southeastern University and a member of the Friends of the Lantana Nature Preserve, urged the council to choose any other option over asphalt.

“I know sometimes it comes down to the bottom line as far as costs and everything for what goes in, but I’m here to staunchly oppose asphalt,” Arena said. “As you know, asphalt is a petroleum product and long-term volatile chemicals are released. It’s right in the middle of the mangroves. A couple of feet away from that trail we’ve got a healthy oyster reef. I think we’ve done a lot to protect that and enhance the preserve and I think if we did asphalt, we’d be taking a step backwards.”

Aridas, on June 10, said he was “tired of kicking this can down the road.” He said he saw asphalt used in parks in Palm Beach County and thought Lantana should go with a low-maintenance asphalt that’s compliant with the Americans with Disabilities Act.

Considering costs, Balfour agreed the town should select asphalt.

Councilman Lynn Moorhouse, who along with Mayor Dave Stewart voted against asphalt, said, “I couldn’t agree more that a petroleum oil-based tar that you put down in a nature preserve would be putting toxic stuff where it shouldn’t be.”

Moorhouse said that wood would be great, but pricey, especially when costs are added in for labor, railings and elevating the trail. “I think if you’re going to spend some money here, you’re going to go with concrete. It doesn’t require railings or elevations. And it is a shaded area, so you’re going to get some mildew, but not as much as wood.”

But it became clear that asphalt was what the town could best afford.

Because of an agreement made when the Nature Preserve was built in the late 1990s, the town is unable to spend any more money on the property than the $50,000 annual payment it receives from the Carlisle senior living facility next door.

Manager Deborah Manzo said the town allocates $18,000 a year toward expenses at the preserve to include staff salary/benefits, electricity, water, fuel, equipment/vehicles and general operating costs. “Sometimes this amount adjusts based on other circumstances,” she said. “The balance of approximately $32,000 is used for capital projects which may be funded for multiple year projects based on the cost.” She said $31,000 was carried over from last year for the pathway and will be put with this year’s $32,000.  

“We have not received a quote for the asphalt yet to know if the $63,000 is sufficient to pay for the asphalt, Manzo said. “We will phase in the project (over two years) if we do not have sufficient funds or ask Council to fund the full amount and take from future revenue.”  

Manzo, by request at the June 24 meeting, will also look into gunite sand, similar to the material originally used at the preserve.

“I don’t think we need to reinvent the wheel, I think we need to make sure we’re putting the right wheel on the bicycle,” Stewart said.

The three council members (Aridas, Balfour and Shropshire) who voted on June 10 to go with asphalt didn’t seem swayed by the appeal to use something different.

“As far as asphalt is concerned, it’s only 7 percent oil,” Shropshire said. “It’s not that bad. There’s asphalt boat ramps. There’s a reservoir in California that’s lined with asphalt. As far as toxins are concerned, it’s not that great of concern. It’s not going to kill the oysters.”

Balfour said the town could not afford the other options, which could cost in excess of $200,000. “Nobody here wants to make an ugly nature preserve. In the old days, I know there was a lot of oil in asphalt. But now it’s much, much lower. I’d rather have something else if we had the money.”

But when polled by the mayor, Balfour said he supported asphalt, as did Aridas and Shropshire.

Bottom line: The decision to pave the nature trail with asphalt is not set in stone. The matter will be discussed yet again at a future meeting. Ú

By Mary Thurwachter

The Lantana Town Council got its first look on June 24 at its budget for next year and learned that while property values have returned to pre-recession values, any increases in revenue will be eaten up by insurance increases and personnel costs.

Property values increased by $88.7 million to $1.126 billion since the start of this fiscal year Oct. 1, town Finance Director Stephen Kaplan said. Ad valorem revenue, using the same $3.5 tax rate the town used last year, would bring in $3.7 million. Total revenue projections are $11,893,420, an increase of $343,325 compared with the current budget.

The town is planning to give employees a 1.9 percent cost-of-living raise and possible merit raises up to 5 percent (based on annual evaluations).

Kaplan said pension costs are projected at 41.44 percent of wages for sworn police officers at a cost of $929,330. Pension costs for other employees are 7 percent of wages with a matching program of up to 2 percent. The total cost for this is $308,003.

Health and dental insurance are expected to increase 20 percent each for a total cost of $1,720,856.

Money the town receives from the penny sales surcharge tax, an estimated $785,000, is earmarked for projects such as an ADA beach ramp ($177,500), restrooms at Bicentennial Park ($180,000), sidewalks for Andrew Redding Road ($28,000) and improvements, including shutters, for the library ($400,000).

Two expenditures on the town’s wish list include money for beefing up parking enforcement and adding an irrigation system for East Ocean Avenue. Adding these would mean a budget increase, Town Manager Deborah Manzo said. Or, the town could dip into its reserves, although Mayor Dave Stewart said he would be opposed to that.

The council decided to use $500,000 not spent this fiscal year to balance next year’s budget, which currently has a deficit of $412,021.

The next workshop is 5:30 p.m. July 8 in Town Hall. Two public hearings on the budget will be sometime in September. Ú

By Mary Thurwachter

Ravish, a new open-air restaurant at 210 E. Ocean Ave. in Lantana, on June 24 received the approvals it needs to open.

The 4,224-square-foot building, which has housed several restaurants over the years, needed a special exception from the Town Council because it’s larger than the 2,500 square feet allowed by ordinance. The restaurant, operated by manager Arlene Klein and chef Lisa Mercado, also required a special exception for shared parking. Both exceptions were granted.

“This is going to be a great thing,” said Chamber of Commerce President Dave Arm. “We’ve already got two restaurants on Ocean Avenue with open-air cafes. This is going to be a third. It’s a big, beautiful open space. I’ve been to two of Lisa’s restaurants, Bizaare Avenue Café and the Living Room in Boynton Beach. Terrific food, great atmosphere, nice crowd, reasonable prices. It’s exactly what Lantana needs.”

Council member Lynn Moorhouse said he was pleased to have Ravish on Ocean Avenue. “I’m thrilled to see that the ghost town is awakening with all the improvement downtown with the landscaping and everything the individuals are all trying to do. I’ve been watching for a while and they’ve been busting their little knickers to make it beautiful, and it is. I wish them well.”

Since the restaurant won the approvals it sought, Ravish is allowed to use 31 off-site regular and valet spaces on the adjacent lot at 212 E. Atlantic Ave. to meet the requirement to have 50 spaces. Together with the 27 spaces the building already has, Ravish will actually have 58.

Like the Living Room, Ravish will have a large bar and several “living rooms,” an outdoor dining area and movable walls.

The building is owned by the Small Corp. Ravish is expected to open soon, although an exact date was not provided.

In other news, the Town Council denied a request for a height exception for a new home at 612 SE Atlantic Drive. The owner wanted to extend the height of his house by 5 feet 4 inches above the maximum allowable building height of 35 feet to build an elevator accessible to a rooftop deck.

Council members said they felt the added height would diminish the character of Hypoluxo Island. Some residents said they feared the rooftop deck would be used for parties that would disrupt neighbors. Ú

Elizabeth McDonough, a mental health counselor and triathlete, lives on Hypoluxo Island with her husband, J.J., and their sons, Kane, 8, and Van, 4.  Tim Stepien/The Coastal Star

As if having a husband, two young boys and a career as a mental health counselor aren’t enough, Elizabeth McDonough of Hypoluxo Island has made room for another passion: competing in triathlons.

Age-group swimming as a youngster followed by relationships with a runner and a cyclist gave her enough exposure to undertake the sprint distance, usually a quarter-mile swim, 10-mile bike and 3.1-mile run.

A year after the birth of her second son, McDonough, 39, found she was ready for more.

“I was getting ready for another sprint race and without even training I just went for a run and decided to see how far I could go. I did a whole sprint triathlon in a training session and said, ‘OK, I’m still in shape. So, I can handle more.’”

That was three years ago, and she has since focused on races at distances up to Olympic, consisting of a 1,500-meter swim, 40-kilometer bike and 10K run.

In March she finished in the middle of her age group at the Fort Lauderdale race, which consisted of a .6-mile swim, 20-mile bike ride and 10K run, and she plans to race a similar distance Sept. 8 at Miami.

“I love the Olympic distance,” she said. “It pushes me in different ways. I met a woman in March who’s in her 50s and she’s done all different races and has grown children, and there’s something about her that really touched me.”

Finding time to train is a challenge, especially considering McDonough tries to work on two events a day for 10-12 weeks leading up to an Olympic race.

“I can make my own work schedule, and my husband  is really supportive,” she said of J.J. McDonough. “I have babysitters that come in for an hour when I’m training. They get it. But I have to use every moment that I have. J.J. participates in the sprint-distance triathlons when he’s in town and has time to train.

“Our family joke is that Mommy is way faster than Daddy, though it’s not a joke,” McDonough said.  “J.J. has been racing since his 20s. Whether or not he participates in a race, we train together. We are both competitive with each other and we love it.” 

The exercise hones her determination and focus and is a healthy way to cope with life’s challenges, she said.

“It’s been really good for me in all aspects of my life. And body image is great, too. I’ve always said it’s secondary, but it does feel good to be approaching 40 and maybe even 50 with a six-pack.”

McDonough works in Boynton Beach. Her husband owns and operates a luxury service company that provides domestic household staffing and brokers the rental of private islands, ranches and large estates. 

“We share a love for art and music and, coincidentally, the same group of friends,” she said. “We are both native to Palm Beach County, yet never met until a magical night at Dada in Delray Beach during its grand opening. Our eyes locked there, and it’s been a fun adventure ever since.”            

 — Brian Biggane

Q: Where did you grow up and go to school? How do you think that has influenced you?

A: I grew up in Delray Beach and went to Spady Elementary, Banyan Creek Elementary, the original Carver Middle School and the original Atlantic High School on Seacreast. Being exposed to all walks of life has made me more compassionate and understanding. I’ve been in the minority, I have been bullied, but I also have not been in the minority and I also have not been so kind. All of my experiences in life led me to this very moment … and I am grateful for that. 

Q: What professions have you worked in? What professional accomplishments are you most proud of?

A: I began babysitting at age 10, I had a house-cleaning business when I was in high school, I’ve worked as a waitress in college. I decided to go to school for architecture and then worked as an interior decorator. I finally stepped away from my family’s construction business and interior design and followed a fitness passion I had had since I was very young. I started personal training after college, and I realized that there is more to life than vanity. I struggled with body image myself and had an eating disorder during a toxic relationship. This led me to receiving my master’s at FAU in mental health counseling. I now help women, men and families with unfolding the best version of themselves, feeling fulfilled, inspired, joyful and healthy.

My favorite accomplishment is my connectivity and ability to facilitate transformation with my clients. I’ve had many fitness accomplishments; helping people reach weight and strength goals. As a mental health counselor, I feel like I have daily accomplishments working with such inspiring people. One of my favorite clients was a woman who couldn’t be in the same room with her baby. We worked together overcoming the fear and the anxiety, and when she finally held her little one, she looked up, and our eyes met with tears of joy. I learn every day and feel grateful to help people step into the very best version of themselves. When I see the relief in their eyes, a smile of joy, a hug of gratitude, I know I’m living my best life. Secretly, I keep a binder of all my thank-you notes from clients, just in case I have an off day. I am human. 

Q: What advice do you have for a young person seeking a career today?

A: Explore for as long as you can. Learn about people. Educate yourself with a trade or something of service. Feel inspired daily. 

Q: How did you choose to make your home on Hypoluxo?

A: One of my first babysitting jobs was on Hypoluxo Island. I was 16. I dreamed I’d one day live on the island. I never imagined I’d be so young and get to experience raising my children here. It’s truly a dream. 

Q: What is your favorite part about living on Hypoluxo Island in Lantana? 

A: I live on an island with an immense amount of old tree growth and canopy, which is rare these days in South Florida. The island is filled with amazing history, from the barefoot mailman to one of the first homes built in Palm Beach County.

Q: What book are you reading now?

A: Braving the Wilderness by Brené Brown. She’s amazing. 

Q: What music do you listen to?

A: Different forms of jazz, smooth and electronic. Also, Sade, Derek Trucks, Tom Misch, Zero 7.

Q: Have you had mentors in your life? Individuals who have inspired your life decisions?

A: Without a doubt my mom and dad have been influential. The way I love, I give and I nurture come from my mom; my determination, my love for fitness and desire for living the best life is from my dad. And also my brother, who has kept me stable. As for inspiring individuals, ha ha yes, in my teens, Madonna and Marilyn Monroe, but more recently Brené Brown, my mentor Franye Coverman, my husband and my son Kane, 8. He was the one who rooted for me and changed my life for good. 

Q: If your life story were to be made into a movie, who would play you?

A: Kate Hudson. She’s fun, fit and an entrepreneur. I love that she uplifts women and I do the same. 

Q: Who makes you laugh?

A: My brother, Zachary, and my 4-year-old son, Van the man. They can do or say anything and bring me to tears laughing. I’m a happy person so I laugh quite often. ... Laughing is the best cure.  

Patrons wait outside Tin Roof around midnight on a Saturday in June. Tin Roof is among nightspots that have paid fees to the city because the fire marshal monitored occupancy levels, but it is pressing for change.  Photos by Tim Stepien/The Coastal Star

By Jane Smith

On a balmy Saturday evening last month, families strolled along East Atlantic Avenue after dining at some of its many popular restaurants.

But around 10 p.m., the street took on a rowdier atmosphere. 

By midnight, young adults packed the five blocks between Swinton and Fifth avenues, creating an electric party vibe.

Lines formed outside The Office and Tin Roof. In some cases, revelers spilled onto sidewalks, forcing pedestrians into the street.

Loud techno music poured out of The Office, a restaurant with doors opening to East Atlantic and Northeast Second Avenue. A little to the west, a live band cranked out tunes on the patio of Tin Roof.

“It’s fun. There’s a younger crowd,” said Nicole Rogers, 23, of Boca Raton. She and her sister were standing in line to get into The Office around 11:30 p.m. “We come to socialize.”

But is that late-night reputation as a fun “bar town” one that Delray Beach’s elected leaders want to cultivate?

They are grappling with how to have a vibrant downtown that attracts residents and visitors yet provides a safe experience all around.

“I am seeking the sweet spot that makes sense for our city to have a vibrant nightlife downtown,” Mayor Shelly Petrolia said last month. “And that takes into account our long-standing businesses while being safe for all.”

She wants to talk with the established restaurant owners to see how they’ve been affected.

About one-third of East Atlantic Avenue restaurants push aside their tables and chairs to create dance floors on weekend nights. Problem is, nightclubs are not allowed in the city.

In December, city fire marshals began counting late-night patrons after an anonymous tipster alerted the Fire Department about potential overcrowding problems with the Dec. 18 SantaCon pub crawl, said interim City Manager Neal de Jesus, who was fire chief at the time. 

At a March 28 City Commission workshop, commissioners were asked whether they wanted to allow “hybrid model” establishments, transforming from restaurant to nightclub after their food service ended. Four of the commissioners balked.

The commission told the Fire Department to bill downtown restaurants for the cost of monitoring them to make sure none exceeded capacity. Downtown restaurants and bars were each hand-delivered a letter explaining the change.

The fees are based on fire marshals’ hourly overtime pay and the number of weekend nights worked. There is a four-hour minimum. 

J. Moran, Delray Beach Fire Rescue, counts club patrons as they leave The Office. Fire marshals have been assigned to ensure that establishments comply with occupancy limits after food service ends at night.

A ‘bar town’?

Restaurant owners and managers have appealed to the Downtown Development Authority, a taxing district that markets and promotes the downtown area. It acts as a liaison with local businesses and city officials. 

To make city leaders aware of the value of a nighttime economy, the DDA will host a town hall at 10 a.m. July 10 at the Old School Square Fieldhouse. Jim Peters, president of the California-based Responsible Hospitality Institute, will be the guest speaker.

“Vibrant social options like bars, restaurants, live music venues and nightclubs attract entrepreneurs, visitors, residents,” Laura Simon, DDA executive director, wrote in an email. “They create jobs and drive economic development within the city and business district.”

Petrolia said she wants to keep the existing rules. If the city lets the restaurants turn into nightclubs after a set time, she’s concerned that Delray Beach’s downtown — with restaurants concentrated in a five-block area — would be known as a “bar town.”

During the second half of July, while the City Commission takes a break, City Attorney Lynn Gelin will research how nearby cities handle their nightlife issues and compile a memo for commissioners to consider.

“Even if hybrids are allowed, the restaurants would get only a slight bump in their occupancy limit,” Gelin said, “not the double and triple number of patrons they are packing in.”

Case in point: On April 7, The O.G., a bar on Southeast Second Avenue, was shut down by fire marshals with the help of city police. Its occupancy limit is 59 people. The fire marshals counted 267 patrons, according to de Jesus. It has paid bills totaling $12,390.55 for April and May.

De Jesus likened the occupancy problem to speeding every day and not getting caught. It’s still illegal. He said he doesn’t worry about fires. He’s more concerned about potential violence and the city’s liability if it looked the other way.

Big bills

Some restaurant managers are upset by the bills.

Victor Korobka, general manager of Buddha Sky Bar, told commissioners in May that he’s “feeling not wanted.” Korobka said he has helped feed homeless people on Thanksgiving and participated in the annual Savor the Avenue outdoor dining event that raises money for charity.

Buddha can appeal its bills of $7,842.25 for April and $10,203.56 for May, according to the city attorney’s office. Appeals will be heard by the acting fire chief and then move on to the city’s Board of Adjustments.

As of June 28, no appeals were filed.

Johnnie Brown’s is another unhappy restaurant. The 10-year-old, open-air eatery features live classic rock music.

“Many of our regular customers are maturing boomers, and at least 70 to 75 percent of them are locals from the surrounding community,” manager Bruce McDonald wrote in an email in mid-June.

Restaurants are working with the city to count their patrons and keep occupancy within the limits set by state law. As a result, Johnnie Brown’s is no longer monitored since it has been able to show it can maintain legal occupancy levels on its own without the help of the fire marshals. But it did receive bills for April and May, which “are under analysis,” McDonald wrote.

Pros and cons

Tin Roof management would like to pursue a “hybrid model” to increase late-night occupancy, said manager Christina Godbout.

The restaurant, which features live music, paid a $7,220.13 bill in April. Its May bill of $6,106.67, due by July 3, will be paid, Godbout said.

The city will consider the pros and cons of allowing hybrid businesses with late-night crowds. Increased trash and public safety concerns are at the top of the issues list. Other issues include what effect permitting this operational change might have on other established businesses and the overall quality of life for city residents.

“Safety is the main concern,” said Christian Prakas, a restaurant broker who fills Atlantic Avenue spaces. “But if a restaurant is paying $100 a square foot, it can’t afford the rent if it has to pay a monthly fee” for occupancy monitoring.

At least one restaurant, though, has found a way to profit from the nightlife without being charged a fee.

Sazio, an Italian restaurant on East Atlantic, closes before midnight, manager Hector Zuluaga said.

But it keeps a window open to sell slices of pizza and bottled water until 3:30 a.m. on weekends.

“The nightlife is good for us,” Zuluaga said. 

By Steve Plunkett

The City Council’s reluctance to pledge any of the $65 million it will get from selling the municipal golf course toward building its replacement has the Greater Boca Raton Beach and Park District talking about a tax increase.

The district asked council members June 10 to contribute $20 million toward building the planned Boca National golf course. That amount is all of the expected construction cost but only a 45 percent share of its overall expense when the price of the land is included.

Council members have promised to discuss Boca National finances at their July 22 workshop. But that comes too late for district commissioners, who must set a tentative tax rate by the end of the month, so on July 1 they discussed how much to raise taxes.

Commissioner Robert Rollins said he was ready to increase the rate from this year’s 91 cents per $1,000 of taxable value. The district raised taxes when it bought Ocean Strand and the Swim and Racquet Center, he recalled.

“I can’t see us going to rollback; I can’t see us keeping the same millage rate. We’re going to have to have a rate increase. It’s just a matter of what it is,” Rollins said.

Merv Timberlake, the district’s financial adviser, prepared figures showing rates that would generate an additional $3 million to $9 million in tax revenue.

This year a home with a taxable value of $500,000 paid about $457 in beach and park taxes. If district commissioners determine they need an extra $9 million, that homeowner would pay about $598.

Commissioner Craig Ehrnst, who presented the district’s partnership proposal to the council on June 10, said he was more concerned about council members’ buying in to the golf course plan than he was the dollar amount they might give.

“To be the best project, it really needs both parties to be fully engaged and fully involved,” he said, fearful that without city support just getting building permits for the golf course would “take forever.”

District Vice Chair Erin Wright said she thought after speaking individually with four council members that they would contribute less than $20 million but more than $10 million.

“They didn’t give me exact numbers, but I threw some out there and they were like, ‘yeah,’” Wright said.

Some taxpayers in the audience urged commissioners to do the project without city financial help. Al Zucaro, publisher of the BocaWatch blog and two-time mayoral candidate, called the city’s track record on finishing projects “dismal.”

“The public perception out there is enough already. You guys are the better of the two entities, and the way to accomplish this deal is to take it on yourselves and just get it done,” Zucaro said.

Resident and onetime commission candidate Tom Thayer dismissed City Council member Andy Thomson’s idea of copying Winter Park’s $1.2 million renovation of its municipal golf course as being a “second-class” solution unworthy of Boca Raton.

“Fund the thing yourself,” Thayer said, proposing that district commissioners double their tax rate one year to pay for Boca National.

Last year the district told City Council members it could finance the new golf course and pay its other obligations without raising taxes. Since then the construction estimate has ballooned from $10.5 million to $20 million, not including the costs of a clubhouse or tunnel for golf carts to avoid traffic.

City Council members have not discussed how they might use the $65 million from the sale of Boca Municipal. Ú

By Rich Pollack

In its never-ending battle to make crosswalks safer, Highland Beach is finally waving the flag.

But it’s not a white flag of surrender, it’s an orange one — actually many orange ones.

Beginning later this month, residents and visitors wanting to cross State Road A1A at the town’s south end can activate a flashing yellow light and then improve their visibility to motorists by waving a neon orange crosswalk flag.

“It’s kind of unique and fun,” said Town Manager Marshall Labadie. “If it works out we’ll roll it out throughout the town.”

Highland Beach Town Manager Marshall Labadie shows off one of the new self-service A1A crossing flags at the July 2 commission meeting. Tim Stepien/The Coastal Star

Labadie said that along with the 24 new flags, which have Highland Beach’s logo on them, there will be a sign with instructions reminding pedestrians that they still must follow common-sense guidelines when crossing the road.

While the crosswalk flags may be new to coastal municipalities in Palm Beach County, they are not new to Florida. They’re used on the state’s west coast as well as in Fort Lauderdale and St. Augustine Beach.

The crosswalk in front of the St. Andrews Club in Gulf Stream also has flags, thanks to a suggestion from a club member.

In Fort Lauderdale, the flags are used on Las Olas Boulevard. In St. Augustine Beach, which shares much in common with Highland Beach, they’re used at eight locations along A1A.

“They have worked fabulously,” said Bill Jones, president of the St. Augustine Beach Civic Association, which first came up with the idea and $5,000 to get it off the ground.

Jones said the city was initially looking at putting in pedestrian-activated crosswalk lights but discovered they were cost-prohibitive. The flags, he said, were an inexpensive option.

“There were a number of people who were skeptical at first, but the community embraced it,” he said.

Jones said that St. Augustine Beach, like Highland Beach, has many residents and guests crossing A1A to get to the beach in the morning.

“Pretty soon there’s too many flags on one side and not enough flags on the other,” he said.

He said it’s not uncommon, however, for bicyclists and pedestrians to grab a few flags and cross A1A just to fill the boxes.

One problem the city encountered early on was that people tended to walk off with the nicely decorated flags.

“They look more rustic now,” he said.

While usage has waned a bit in St. Augustine Beach recently, sparking a public awareness campaign to encourage flag waving, Jones said there are no plans to jettison the concept. 

“I would never get rid of the flags because a moving flag in someone’s hand might better catch the eye of a distracted driver,” he said. 

In Highland Beach, the flags — which will be kept in holders attached to poles on both sides of the road — are just one part of a multi-step effort designed to improve crosswalk safety.

Although there have not been any serious injuries, Town Commission members and residents have cited several close calls where motorists failed to comply with state law and stop for pedestrians in the crosswalks.

In addition to the flags, Highland Beach is in the process of seeking state approval to install pedestrian-activated, flush-mounted LED crosswalk lights as well as solar-powered, pedestrian-activated flashing lights at each of its eight crosswalks.

Because the improvements are on a state road, the town must get the blessing of the Florida Department of Transportation before it can move ahead with the project. Labadie said he is hopeful the town will get a green light.

“We’re not asking for anything that hasn’t been approved before,” he said.

Once the town has approval, it will begin seeking bids for the materials and installation.

Labadie said FDOT has standards for what can be used on state roads to enhance safety based on the volume of traffic and, in this case, the number of pedestrians using crosswalks.
Because the crosswalks in Highland Beach don’t meet those standards, FDOT is reluctant to pay. However, agency officials are OK with the town’s paying for the job.

“They will allow us to go farther, but it’s on our dime,” Labadie said.  Ú

By Mary Hladky

Boca Raton residents are passionate about parks and recreation and now are getting a chance to speak out on how the city can improve what it offers them.

To start assessing how best to meet the parks and recreation desires of residents, the city’s Recreation Services Department and the Greater Boca Raton Beach and Park District are splitting the nearly $100,000 cost of hiring PROS Consulting to survey residents on what they want before developing a plan and cost figures.

That effort kicked off on June 13 when city and Beach and Park District residents were invited to offer their thoughts.

“I’m excited for our community to work together to brainstorm new and innovative ideas which can be implemented in the next decade,” Recreation Services Director Michael Kalvort said.

Attendees’ comments will help PROS Consulting develop a survey that will be sent to all city and Beach and Park District residents in late July.

The Beach and Park District encompasses the city and extends beyond the western city limits to Florida’s Turnpike.

Residents also will be able to fill out the survey on a BocaReCreates website that will be launched at the same time, or to use the site to make comments and suggestions.

Neelay Bhatt, PROS vice president, started meeting with stakeholders, user groups and City Council members and Beach and Park District commissioners in June.

He expects to have a plan in 10-12 months and will present it to residents before it is finalized and goes to the City Council for approval and funding.

“The key to any plan is not to have a one-size-fits-all approach,” Bhatt told the nearly 60 residents who attended the June 13 session.

The plan will take into account the city’s changing demographics, including a projected 23 percent Hispanic population by 2033.

Asked what facilities the city should provide more of, residents ranked as their top picks a special event space and outdoor venue, pool and indoor aquatics facility and a recreation/community center.

Nature and outdoor adventure, adult fitness and enrichment and arts programs topped the list of new programs residents want.

New amenities they want include kayak launches, more trails and bike lanes and Wi-Fi in the parks.

When asked their top priorities, the choices were an aquatics facility, a fully equipped recreation center that included features such as climbing walls, more pickleball courts and bike trails and upgrades to Gumbo Limbo Nature Center.

One resident lamented that she had expected more people to attend the meeting, given the importance of parks and recreation to many residents.

Kalvort said the meeting had been promoted on the city’s website and on social media, and notices were available at all city facilities and summer camps. He said he was happy with the turnout, and Bhatt agreed it was a strong showing for an issue that is not controversial. 

By Rich Pollack

With state legislation prohibiting local governments from outlawing vacation rentals, Highland Beach town commissioners are instead following the lead of other communities and focusing efforts on regulating the facilities.

The move comes on the heels of efforts this spring by Florida legislators to further limit what restrictions municipalities can place on the short-term rentals.

Although those efforts failed, Town Manager Marshall Labadie and Town Attorney Glen Torcivia say they could come back next year.

Commissioners were urged to get a policy on the books now in case legislation blocking local authorities from regulating vacation rentals was approved in the future.

“Once we found out we can’t stop vacation rentals, the conversation switched to how can we regulate them to ensure they’re safe,” Labadie said. “We’re doing what we’re allowed to do under state law regarding vacation rentals.”

Commissioners are in the process of considering — and refining — a proposed ordinance that Labadie says would allow the town to require the vacation rentals are “safe for use, they don’t become blighted structures and that we have some means to enforce our regulations more clearly on them.” 

Under the proposed ordinance, which town commissioners approved on first reading July 2, owners of vacation rental properties would each be required to apply for and receive a vacation rental certificate and pay a fee, the amount of which has not been determined. 

The application would include the name of the property owner and property manager if different, proof of ownership and a listing of the number of bedrooms in the home as well as available parking spaces.

The ordinance also requires that all homes used as vacation rentals meet state building, fire and life safety codes and be in compliance with town zoning codes. The homes must have fire extinguishers and smoke and carbon monoxide detectors.

In addition, owners would be required to provide a posted notice or a tabbed notebook with information about the maximum allowed occupancy; the town’s noise restrictions, which require quiet hours between 10 p.m. and 7 a.m.; information about the nearest hospital and urgent care center, as well as other health and safety information.

While some commissioners are urging tougher restrictions, Torcivia and Commissioner Evalyn David are suggesting caution against going too far. 

“If you get too aggressive are you infringing on the legislature?” Torcivia asked.

David pointed out that legislators made it clear that there are limits to municipal authority when it comes to vacation rentals.

“The best we can do is some sort of regulation,” David said. “Make people register, have a fee and have the ability to fine them if they don’t register.”

Commissioner Barry Donaldson said it’s important for the town to take action sooner than later in order to make it more difficult for the state to interfere with the local government’s ability to regulate in its own backyard.

“It’s important for us to understand that the overarching principle here is home rule,” he said. “It’s what we’re all about.”

Donaldson said that the Florida League of Cities has been concerned about the state’s actions regarding vacation rentals.

“To that end it compels us to address this from a life safety standpoint,” he said. “Until the state happens to act, we need to exert our home rule and put something in place.”

During discussion of the issue, commissioners heard from one resident who suggested they consider a broader inspection program for all rental units to ensure they meet health and safety standards.  While there appeared to be support from some on the commissioner for the idea, the consensus was to bring the issue up at a later date and keep the current focus on vacation rentals.