By Steve Plunkett

Boynton Beach has wrested the lead from Boca Raton as South County's coronavirus hotspot, with 669 cases reported as of June 4.

Boca Raton has 660 cases, while Delray Beach has 518 reports.

By Mary Hladky

Former Boca Raton Mayor Susan Haynie’s trial on public corruption charges has been postponed until Sept. 21 due to disruptions caused by COVID-19.

Prosecutor Brian Fernandes and Bruce Zimet, Haynie’s criminal defense lawyer, agreed to cancel a scheduled July 20 trial and to set the new trial date because the pandemic has made it difficult to complete pretrial discovery. They also were concerned that not enough potential jurors would be available in July. Palm Beach County Circuit Judge Jeffrey Gillen agreed to the new trial date on May 28.

A March trial date also was postponed.

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.

Prosecutors contend that Haynie, 64, used her position on the City Council to vote on six matters that financially benefited James Batmasian, the city’s largest downtown commercial landowner, and failed to disclose income she had received from him.

Haynie has pleaded not guilty to the charges. Zimet has repeatedly said she will not accept a plea deal.

Then-Gov. Rick Scott suspended Haynie from office, but she never resigned. Her option to reclaim the mayor's post ended March 31 after Boca Raton voters elected Scott Singer, who was elevated from deputy mayor to replace Haynie during her suspension, to a full term as mayor succeeding her.

By Jane Smith

The city’s reclaimed water program, spawned in 2006 with the intent to stop the spewing of millions of gallons of wastewater into the ocean each year, was haunted from the beginning by mismanagement and lack of oversight, City Manager George Gretsas said on May 5.

“There was negligence and a lot of things that should not have happened,” Gretsas told Delray Beach city commissioners at their virtual meeting. “The mismanagement is very clear. There was a decade of it … lack of contractor oversight. No records were kept. It was a real problem for us as we’re trying to fix it.”

If Gretsas had to give the program a grade, he said it would be D-minus, and only that because it was well intentioned. Delray Beach shut down the system Feb. 4 to avoid a citywide boil-water order that the Florida Department of Health wanted amid an investigation into complaints that reclaimed water had mixed with drinking water.

The city is turning on the reclaimed water in phases with approval from the health department. Of the city’s 1,236 reclaimed water customers, 72% have that service restored, Gretsas said May 19. Another 15% are awaiting some type of property owner action, according to Gretsas. An additional 13% are awaiting inspection.

Thirty barrier island homes were found to have the reclaimed lines installed closer than 3 feet to the drinking water lines, according to an April 29 city email to state health officials. A 3-foot distance between pipes is required by Florida Department of Environmental Protection rules. The city wants to restore the reclaimed water now and move those pipes later. Local DOH leaders were mulling whether to allow that as of mid-May.

Once the system is restored, all violations will be forwarded to the local health department legal team, Steve Garcia, a DOH environmental supervisor, wrote in a May 11 email.

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

The city must reuse 3.85 million gallons a day by 2025, according to the settlement. Its current level is 2.85 million gallons daily.
Most of the city’s water customers on the barrier island have reclaimed water service for lawn irrigation. The golf courses, city parks and facilities and master-metered communities west of the interstate also use reclaimed water.

On April 22, the city found its first crossed connection under the current investigation, according to DOH emails. Crossed connections happen when the drinking water lines are mistakenly connected to the reclaimed water lines. The DOH insisted the city issue a boil-water order for the 30-unit condominium, Ocean Place at 120 S. Ocean Blvd.

“I remember my wife boiling pots of water,” said Bob Victorin, an Ocean Place resident and Beach Property Owners’ Association president.

The condominiums were approved to use potable water for the irrigation system for 90 days while the property manager locates and corrects plumbing issues, Missie Barletto, assistant Public Works director, wrote in a May 18 email. “Once the repair has been completed, the condominium property will be returned to reclaimed water for irrigation.”

Debbie Lynott, who lives on Miramar Drive, said she noticed residents using old-fashioned sprinklers to water their lawns in February. Her reclaimed water lines were not installed until early April. Her service was turned on April 30, according to the city. “I’m used to being forgotten,” she said. “My house is the only home on Miramar between Gleason Street and Venetian Drive.”

Former Mayor Cary Glickstein wrote in a May 11 email to The Coastal Star that he was not told of any problems when he was in office from 2013 to 2018. “Further, neither I nor my commission colleagues were made aware of any system functionality problems during any public meetings.”

Glickstein, who lives on Waterway Lane, as of May 11 was among those waiting for his reclaimed water to be restored.

Current Mayor Shelly Petrolia said, “I’m hoping this is a one- and only-time debacle. The system has to be revamped. We need to figure out who is responsible, including for the backflow devices — the homeowner or the city.”

Even so, the city’s delayed response caused frustration.

In mid-April, after the reclaimed water system was restored along Del Haven Drive, the city failed to open all valves. That forced Ken MacNamee to spend time checking his sprinkler system, checking the circuit breaker and finally opening the meter pit where he discovered the closed valve. He borrowed a plumbing tool from a neighbor to open the valve.

“This is just another gaffe in this drawn-out debacle,” MacNamee wrote in an April 20 email.

Residents on Del Haven and four streets north were the first on the barrier island to see their reclaimed water restored, on April 17. Their systems were activated in late 2018. Gretsas, who started as city manager on Jan. 6, received a letter on Feb. 4 requiring the city to issue a boil-water order citywide.

The Florida DOH had received a complaint Jan. 2 about cross connections between drinking and reclaimed water. Christine Ferrigan, an inspector with the Utilities Department, provided notes to the investigation showing how the program was mismanaged from the start.

Gretsas, though, persuaded the DOH leaders to agree that the city would shut off its reclaimed water citywide to investigate. He wanted to avoid the boil-water order, which would have forced the hospital and restaurants to comply.

The city had to hire a contractor to create a database showing the locations of the drinking water and reclaimed water meters and the presence and types of backflow preventers on the drinking water systems.

City staff discovered that 237 reclaimed water customers citywide didn’t have backflow preventers, Gretsas said March 2.
The devices are an extra layer of protection against the mixing of reclaimed and drinking water.

“We were not doing the types of things that need to be done in asset management,” Gretsas said. “We just didn’t know where the devices were.”

That lack of information was evident in a spreadsheet the city sent to the DOH on March 6. It had many blank spaces, lacking dates when the reclaimed water was first connected, when the backflow devices were installed and when they were reinspected.

In addition, Delray Beach went with backflow preventers that have a 5-year lifespan because they were cheaper, Gretsas said city staffers told him.

But that should change soon with new management, he said.

Hassan Hadjimiry will start June 2 as the city’s water utilities director.

Gretsas said he did a national search and found the best candidate nearby. Hadjimiry retired May 5 from the county as its deputy director of water utilities.

Hadjimiry, who started with the county in 1982, was named as the Water Reuse Person of the Year in 2009. The Florida Water Environment Association has given the statewide award annually since 2004.

Once Hadjimiry starts work, city commissioners will have options put before them.

They can select the types of backflow preventers, an inspection and replacement program or, if they prefer, go to injecting the reclaimed water underground — which would be more costly, Gretsas said.

The commissioners also will hear about the costs of fixing the system. They include paying overtime for city staff, hiring contractors and consultants, adding new backflow devices, and providing water and a crew to irrigate lawns while the reclaimed water system was down. The amount spent since Feb. 4 was not available.

Delray Beach has hired a company run by Fred Bloetscher, a Florida Atlantic University associate dean in the engineering department, to investigate the reclaimed water program, Gretsas said.

To the city’s reclaimed water customers, Gretsas said, “I’m sorry this happened and sorry it went on for a decade.”

By Steve Plunkett

Businessman and magazine publisher Richard Lucibella has lost his courtroom quest to be cleared of all charges resulting from a backyard dustup with police in 2016 when he was the town’s vice mayor.

The 4th District Court of Appeal affirmed without comment Lucibella’s February 2019 conviction of misdemeanor battery on Ocean Ridge police Officer Richard Ermeri.

The appellate judges delivered comparatively swift justice, issuing a “per curiam affirmed” on April 16, just seven weeks after oral arguments. The court’s website advises that a panel can take up to six months to reach a decision. Despite losing his appeal Lucibella, 66, hailed the overall case as a win. During his criminal trial he was found not guilty of two felonies: resisting arrest with violence and battery on a law enforcement officer.

“In the end, I’ll settle for 99% vindication, for now,” he said.

The charges stemmed from an Oct. 22, 2016, confrontation in Lucibella’s backyard as police investigated reports of gunfire phoned in to 911. During a face-off Lucibella poked Ermeri with his finger through the officer’s bulletproof vest, “a forceful poke,” Ermeri, who has since been promoted to sergeant, testified at the original trial.

Leonard Feuer, Lucibella’s appellate lawyer, told the judicial panel on Feb. 25 that Lucibella had a right to defend himself after Ermeri, Officer Nubia Plesnik and Sgt. William Hallahan showed up.

“I’m not seeing this show of force” by the police, Judge Alan Forst said. “Clearly they weren’t invited in, but they didn’t come in with guns blazing.”

Senior Assistant Attorney General Melynda Melear, representing the state, told the judges that Lucibella “walked into” Ermeri’s extended arms before he was arrested.

“It was the defendant who provoked the aggression in the first place,” she said.

Feuer filed a motion on April 27, a Monday, asking the court to rehear the case, issue a written opinion and certify it as “an issue of great public importance.” The judges denied the request the following Friday.

Lucibella criticized the decision.

“In order to issue an opinion, the 4th DCA needed to rule on the legality of these officers entering my property. They chose to kick that down the road by not issuing a written opinion,” Lucibella said.

“Regardless, the (Circuit Court) jury found the officers to be acting outside their authority — that’s why they ruled my actions as simple battery vs. the original charge of battery on a law enforcement officer.”

Lucibella, who is chief executive of an “accountable care organization” for doctors and publishes a magazine for gun aficionados, is still the target of a civil lawsuit by Plesnik that accuses him of battery and negligence. His lawyers in that case have scheduled a deposition of Ermeri in June.

While many of us could choose to live anywhere in the world, we chose to live in Ocean Ridge because it is a small, welcoming and tightknit community. We love the beach, we love interacting with our neighbors, we love our freedom and we love our police force and safety.

I ask that we embrace these strong core values as we continue to transition to our “new normal.”

We have pulled together as a community. We have made meals and regularly check on our housebound and elderly neighbors. The Ocean Ridge Garden Club sewed and distributed over 350 masks to the town staff and the community at large.

Town staff have been dedicated and worked countless hours of overtime. And we have done our best to keep everyone safe and informed with flyer distributions, signage throughout the town and over 25 update messages to residents in the area.

We are grateful that Ocean Ridge — and the surrounding barrier island communities — have remained relatively healthy. Our long term, solid relationships with our neighboring elected officials have proven to be an asset during these uncertain times.

We are cautiously optimistic as we reopen our tennis courts, golf courses, clubhouses and community pools on a limited basis. Our beaches are now open also. Forced isolation is waning.

Yet, the need for social distancing, wearing face coverings and being a good neighbor is as important as ever. I ask all residents to remain vigilant and patient.

Our goal is and always will be the safety of our residents and staff. Be safe and be well.

Kristine de Haseth
Mayor, Ocean Ridge

LETTERS: The Coastal Star welcomes letters to the editor about issues of interest in the community. These are subject to editing and must include your name, address and phone number. Preferred length is 200-500 words. Send email to editor@thecoastalstar.com.

Friday, May 1, was a beautiful morning. The ocean was radiantly supercharged from the rainstorm the preceding afternoon and crystal-clear smooth from a cool, offshore breeze. How well I know and love these weather metrics!

Under normal circumstances, I would have pursued my swimming regimen: 350 strokes freestyle out, float, pause, somersault in about 10 feet of water a half-dozen times, 350 strokes parallel to the shore and then back to sun dry on a beach towel. Then I return home from my secluded spot, 2-plus miles past the catamaran hangar site at the north end of Delray Beach.

And, yes, I go on foot, along the shoreline. I enjoy the solitude my regimen provides. I stand about as much chance of catching the novel coronavirus en route as a snowball has of being made in hell.

The Gulf Stream police know who I am: A worried member of a nearby roofing crew summoned them because he spotted me so far out to sea swimming with joyful abandon.

Hey, bungee boarders, surfers, sailboarders, kayakers, fellow distance swimmers, snorkelers, paddleboarders: We’re “together, forever, as one!” to quote Chris Cuomo.

It ought to be readily apparent to the police, lifeguards and all others in positions of authority that the folk engaging in these activities, while doing so, pose no threat to social distancing. These are not contact sports, people!

And since we arrive accessorized for our chosen activity, we are readily discernible from the throngs who want to sunbathe, wade, socialize and party hearty. (Mind you, I’m not condemning anyone for that, but now we are living the “new normal.”)

Undeniably, tri-county South Floridians must heed concessions to their lifestyles. However, I was aghast to see people paddleboard and kayak in the Intracoastal Waterway, with the beach being a prohibited access to the ocean. The Intracoastal is neither a healthy nor safe place for those activities. I recently spotted the “beach closed” sign at the intersection of A1A and Woolbright — how draconian! The virus doesn’t care … people need to use good judgment and common sense to avoid it.

And finally, there is the sargassum seaweed cycle, which will soon head toward our local beaches. It’s part of the natural world here and we have to allow for it, unpleasant though it may be. The ocean beckons and we must make smart choices with regard to the health benefits it offers us.

— James W. Stonehouse
Delray Beach

LETTERS: The Coastal Star welcomes letters to the editor about issues of interest in the community. These are subject to editing and must include your name, address and phone number. Preferred length is 200-500 words. Send email to editor@thecoastalstar.com.

By Jane Smith

When Neal de Jesus abruptly left the Delray Beach fire chief position earlier this year, he received $136,300.56. His contract called for 180 days’ pay, or $131,198.40. “The 180 was not severance,” City Attorney Lynn Gelin wrote in an April 15 email to the city manager. “Instead of keeping him on paid leave during the 180 (which would have included payment for his benefits, his housing allowance, his use of the city vehicle, and his phone allowance), this was how the matter was settled.”

If it had been severance, de Jesus would have received only 20 weeks of pay, or $72,888, the maximum allowed under state law. City staff, including Gelin, declined to discuss the de Jesus payout, saying they do not discuss personnel matters.

De Jesus, though, did not give 180 days’ notice. He resigned and left his city job on the same day, March 10. His annual salary was $189,508.80.

He left during an investigation of sexual harassment claims involving a woman employee. De Jesus had hired the woman while he was serving his second stint as interim city manager.

On Feb. 27, Gelin hired the labor law firm of Allen Norton & Blue to investigate the claim, based on allegations of suggestive texts that de Jesus had reportedly sent last fall. Suhaill Morales, of the firm’s Coral Gables office, issued a report on March 26 stating she had interviewed several female city workers, including department heads, along with the woman employee. She tried to interview de Jesus, but the ex-fire chief declined unless his lawyer was present.

Morales found “insufficient evidence to conclude that (the woman employee) was subjected to unlawful harassment.”

She recommended that all employees be issued copies of the city’s harassment and reporting policy and acknowledge receiving them with signed receipts. Also, Morales advised the city to provide its managers with training on its harassment and complaint procedures.

Gelin declined to say whether she followed the suggestions, again saying the city does not comment on personnel matters.

By Rich Pollack

In what might be shaping up as part of a continuing battle over beach-compatible sand offshore, Highland Beach is hoping to find ways to keep the valued but rapidly vanishing resource off its coast from going to neighboring cities.

It may be an uphill fight, however. The town has no legal claim to the sand used to replenish beaches, according to one attorney who specializes in coastal issues, and state regulators have already approved plans to dredge offshore for Boca Raton beach restoration projects for the next several years.

The question of whether Highland Beach has a way to stop another government from removing beach-compatible sand from a nearby “borrow area” surfaced after residents complained about offshore dredging done in March to restore Boca’s public beach.

That North Boca Raton Beach Nourishment Project is complete, but additional projects in Boca that may result in dredging off the Highland Beach coast could begin in 2026.

The issue of how to preserve offshore sand first surfaced in Highland Beach during a commission meeting in May after Commissioner Peggy Gossett-Seidman began looking into the residents’ complaints. She told fellow commissioners that a limited quantity of beach-compatible sand exists off Highland Beach — sand that is about the same size and color as that on the beach — and that much of it is likely to go to other communities for their restoration projects.

She also found that Boca has a permit good through 2028 from the Florida Department of Environmental Protection to remove sand off the town’s coast for additional projects.

“We are aware the town of Highland Beach does not own the sand off our shores,” she said. “Our concern is that if a catastrophic hurricane such as Michael or Andrew strikes Highland Beach, wipes out our beaches and puts residents’ homes at risk, we could not rebuild our beach with our offshore beach-compatible sands because it would have already been removed.”

Sand for Boca Raton beach renourishments through 2028 will come from the shaded area, the same area used for a project finished in April. SOURCE: City of Boca Raton

What the town can do to prevent other communities from depleting sand off its shore, if anything, is still being explored. During their second May meeting, commissioners agreed to hear a presentation at their June 2 meeting from a coastal engineer and discussed possibly interviewing environmental attorneys should legal action be needed.

The commission is also considering asking for reports from the state Department of Environmental Protection to show that all permits are being complied with.

“The goal here has got to be to stop further removal of the sand,” Commissioner John Shoemaker said.

While the dredging has stirred up concerns among some vocal residents who want to act quickly and firmly, Mayor Doug Hillman favors a more methodical approach.

“We need to hear from people who know more about this than we do,” he said. “We haven’t heard from somebody who knows what damage has been done to Highland Beach other than taking sand we might need someday. We still have a lot to learn here.”

Engineers and scientists studying coastal areas say the concern about the limited quantity of beach-compatible sand is legitimate.

Dr. Stephen Leatherman, a professor and director of the Laboratory for Coastal Research at Florida International University, says such sand is getting harder to find, especially off the South Florida coast.

And once the sand is taken from borrow areas, it is essentially gone.

“Borrow areas do not regain sand within the time span of hundreds of years except in rare situations,” he said.

As a result, sand has to be trucked in from other areas, including from mines southwest of Lake Okeechobee. Bringing sand in by truck could be costly.

“Cost is related to distance,” said Gordon Thomson, a South Florida-based coastal engineer with W.F. Baird Associates. “Therefore most municipalities will take it from as close as possible.”

In the case of the North Boca Raton project, which began on March 10 and ended on April 7, sand was taken from a spot about 1,600 feet offshore designated by the state as Boca Raton Borrow Area V.

The U.S. Army Corps of Engineers project (Boca Raton was the non-federal sponsor) placed about 550,000 cubic yards of sand on Boca’s beach, according to a city spokeswoman.

Borrow Area V held 1.35 million cubic yards of sand before the project, according to the permit for the work issued in February. Two more areas off the coast of Highland Beach that are listed on the permit application as borrow sites hold about 5.65 million cubic yards.

Boca Raton estimates that two additional projects scheduled for 2026 would likely draw sand from the borrow areas and would result in about 1 million cubic yards being placed on its beaches.

An additional permit for the future projects would not be required unless the plans have significant changes, according to a spokesperson for the state Department of Environmental Protection.

One issue that concerns Gossett-Seidman and some residents is what they consider a mislabeling of the location of the borrow areas in the permit application. Although a map in the application labels the area west of the borrow area as Boca Raton, the area is in fact Highland Beach.

That is not an issue, the state DEP spokesperson said, because the agency uses “reference monuments” or coastal survey markers to map project boundaries, not municipal boundaries.

Should the town challenge the existing permit for Boca, it would likely have a tough time.

“The town of Highland Beach has a lot of obstacles if it wants to challenge the permit now,” said Ken Oertel, a Tallahassee lawyer who specializes in environmental and land use law.

Oertel said that challenges to a permit are accepted during a 20- or 30-day review period prior to approvals. After that time, it is very rare for challenges to be considered.

“Once that door closes, you’re pretty much out of luck,” he said.

Gossett-Seidman and other commissioners said they hope the issue can be resolved amicably through conversations with neighboring towns.

“A long-term cooperative program is what I’m currently proposing,” she said.

By Mary Hladky

Michele Miuccio, who had served as Boca Raton’s interim police chief since Dec. 1, has been promoted to police chief.
She assumed her new role on April 27.

Miuccio has been with the department for more than 30 years, starting as an officer and rising through the ranks to deputy chief.

Miuccio replaced Dan Alexander, who retired as chief on Nov. 30 after he was hired by the Palm Beach County School District to fill the newly created position of director of school police, serving as second-in-command to school district Police Chief Frank Kitzerow. Alexander led the city police department for 13 years.

“While serving as the interim police chief for the past five months, Michele’s steadfast leadership has provided consistency in the department’s mission and service,” City Manager Leif Ahnell said in an announcement of her promotion. “I’m confident the police department will continue to thrive and grow under her direction as chief.”

“I’m humbled by the opportunity to serve in this position and work alongside the dedicated men and women who keep Boca Raton safe and protect our residents,” Miuccio said in the announcement. “Together, we can make one of the finest police agencies even better.”

The city’s police department has 216 officers and 107 civilian employees. Police officer starting salaries were increased to $70,198 last year.

By Jane Smith

Boynton Beach and Delray Beach have promoted their interim fire chiefs to chief in their respective cities.

In Boynton Beach, Matthew S. Petty, 39, was promoted to fire chief on March 9 by the Boynton Beach city manager.

In Delray Beach, Louis “Keith” Tomey III, who had served as interim fire chief three times, was named the chief on March 31.

Petty, previously deputy chief, took over as interim chief on Nov. 29, after Glenn Joseph resigned to contemplate a career move.

In 2008, Petty joined Boynton Beach as a firefighter. Over the years, he rose through the ranks at the department.

“I’m very excited to lead the organization and better serve the community,” Petty said.

His salary is $150,000. Boynton Beach has contracts with the barrier island towns of Briny Breezes and Ocean Ridge to provide fire-rescue services.

Tomey, 56, is making $165,239. He became the interim chief on March 10 after Neal de Jesus resigned while the city was investigating harassment claims against him.

Tomey has spent more than 33 years in the fire service.

“It’s an honor and a privilege to be appointed to lead this great department,” Tomey said in a prepared statement. “Together, we have accomplished so much in the past few years. My goal is to keep moving forward and to keep improving.”

Tomey, whose father was also a fire chief, started his career in Miramar in 1986, when he was hired as a firefighter/paramedic. He rose through the ranks at Miramar Fire Rescue and eventually served as fire chief from January 2014 to December 2016. Then, he was hired at Delray Beach Fire Rescue as assistant fire chief.

Tomey promoted Battalion Chief Greg Giaccone to the rank of assistant chief in charge of operations.

Delray Beach provides fire-rescue services to the towns of Gulf Stream and Highland Beach on the barrier island.

Increase mainly due to thefts from unlocked cars

By Rich Pollack

South Palm Beach County’s small coastal communities saw crime increase in 2019, bucking both countywide and state trends, but their total number of crimes still remained low.

While Highland Beach, Gulf Stream, Ocean Ridge, Manalapan and South Palm Beach saw an uptick in major crimes, the area’s larger cities all experienced declines.

Numbers released by the Florida Department of Law Enforcement for 2019 show that South Palm Beach, Manalapan and Ocean Ridge each had small increases in reported crimes, while Gulf Stream and Highland Beach saw larger increases.

In all, the five small communities had 117 reported crimes, up from 78 in 2018.

Larcenies, which can be anything from missing items to thefts from unlocked cars, were up significantly in Gulf Stream and in Highland Beach.

Gulf Stream recorded 12 larcenies in 2019 compared to two the year before, while Highland Beach had 28 larcenies compared to 19 the prior year.

Seven of the dozen Gulf Stream larcenies were thefts from unlocked cars and one was theft from an unlocked landscape trailer. The town reported one auto theft, which was the result of keys being left in an unlocked car.

Thirteen of Highland Beach’s 28 larcenies were thefts from mostly unlocked vehicles, according to Police Chief Craig Hartmann.

“The simple message we’ve always had is lock your car doors,” Hartmann said.

That message has also been extended to lock all the doors in your home.

Highland Beach saw burglaries jump just from one in 2018 to six last year, with four of those occurring a few minutes apart. They were attributed to three females who entered the homes through unlocked back doors. The out-of-town suspects, two juveniles and an adult, were arrested and charged in connection with the break-ins.

Locking doors, Hartmann says, not only helps reduce the loss of valuables but can also serve as a deterrent for future crimes. If thieves find that residents are locking doors, they are less likely to return to that community, he said.

Crime in South County’s larger cities continued to fall for the second year in a row. Boca Raton recorded a 7.7% decline, Boynton Beach a 7.5% drop and Delray Beach a 6% reduction.

In Lantana reported crimes dropped 9% following a 6.2% increase the previous year.

Any crime in Briny Breezes prior to Oct. 1 was included in the Boynton Beach numbers while those after Oct. 1 were reported by Ocean Ridge.

Countywide, major crimes declined about 8% while crime statewide dropped 6.3%, according to the FDLE’s Uniform Crime Report.

By Dan Moffett

With rising personnel costs, multiple drainage issues and a massive septic-to-sewer conversion project looming, Ocean Ridge commissioners knew this would be a difficult budget cycle.

Then the new coronavirus struck, bringing with it potential revenue losses. Local gas and fuel tax, local sales tax, building permit proceeds, state revenue sharing, even earned interest from town savings — all figure to decline because of the impact of the virus. The impact on property values could also be a concern.

“This is going to be a very tight budget year,” said newly minted Mayor Kristine de Haseth, telling commissioners during a May 4 workshop to “challenge all department heads and staff members to find ways to reduce expenses and make do with current resources.”

Martin Wiescholek, who joined the commission in March, pointed to the largest number on the town’s budget as the place commissioners might want to start pruning dollars.

“The most intelligent way to look at budget cuts is by looking at the biggest expense in the budget, our Police Department,” Wiescholek said. “I would like to get clear information as to how and why we need to have 20-plus police officers on staff.”

About 52%, or $4.2 million, of Ocean Ridge’s total annual expenses go for police and fire-rescue services. A growing number of local municipalities that once ran their own police departments are turning to the Palm Beach County Sheriff’s Office for law enforcement services as a way to hold down rising costs.

Last year, South Palm Beach closed its department and signed a 10-year merger deal with the Sheriff’s Office. The town is hoping to realize about $1 million in savings over the first five years of the contract.

It didn’t take long for the merger prospect to come up at the Ocean Ridge workshop, but by consensus the commission decided not to explore it during this budget period.

Officer Jimmy Pilon, the Ocean Ridge union representative, told commissioners during the discussion period that nearly 100% of the town’s police force favors joining the sheriff.

“Pretty much, we’d rather merge than have layoffs,” Pilon said. “Our town is very small. We can’t compete with the county’s benefits package.”

Matt DeJoy, a spokesman for the Palm Beach County Police Benevolent Association, told commissioners that a merger would almost certainly cut the town’s expenses.

“The numbers almost always come out to be a cost savings,” DeJoy said.

Ocean Ridge took a serious look at a merger with the sheriff in 2012, but residents objected to losing their own department and the idea fizzled. This time it appears to be on hold.

Said Town Manager Tracey Stevens: “I don’t expect further discussion regarding the sheriff’s department taking over the town’s law enforcement duties.”

In other business:

• By a 3-2 margin, commissioners installed de Haseth as mayor during their meeting on April 6, with Wiescholek and Susan Hurlburt voting their support. Phil Besler and Steve Coz voted for Coz, who was installed as vice mayor after serving the last 18 months as mayor.

Wiescholek said he cast the deciding vote for de Haseth because he believes in a “rotating commission” and thinks that the town will need to work more with other communities and agencies going forward.

“Given the condition we are in and the situation we are in, Kristine would be the better choice simply because she has connections with the League of Cities and with her connections can bring more to the town over the next year,” he said.

• Building and public works official Wayne Cameron resigned in April to take a similar job with the town of North Palm Beach. Stevens said she is interviewing replacement candidates and hopes to have the job filled by June.

She said the town intends to hire someone only as a building official — not also a public works director — to reduce the position’s workload.

By Dan Moffett

Briny Breezes is hoping there’s strength in numbers of neighbors when it comes to slowing down boaters in the Intracoastal Waterway.

The Town Council voted unanimously on April 23 to adopt a resolution that calls on the Florida Fish and Wildlife Conservation Commission to create an “idle speed, no-wake” zone adjacent to the Briny marina.

The resolution is modeled after one passed by Delray Beach in February. And council members are hoping to persuade Boynton Beach, Ocean Ridge and Gulf Stream to adopt similar measures.

Mayor Gene Adams said a low-speed zone has become increasingly necessary because of rising water levels, flooding and the damage inconsiderate boaters leave behind them.

“It really tears up our sea wall as well as our marina area,” Adams said. “So, otherwise Briny is going to have to spend more money to repair things than we would normally.”

The proposed zone would extend about a half-mile south from Woolbright Road, past the marina to Briny’s southern border.
Getting FWC officials to make the change won’t be easy, said Town Attorney Keith Davis, who drafted the resolution.

“It’s not going to be a walk in the park,” he said. “It’s a process. There’s always push-back from the recreational boating community.”

Davis said that years ago, he persuaded the FWC to create a low-speed zone for a municipality in northern Palm Beach County. It took about a year of persistence. Davis said it might be easier to get the FWC to approve a slow-speed zone, rather than a full no-wake zone. “That’s less of an ask,” he said.

But the strongest parts of Briny’s case to the state are the marina and the need to ensure safe operations for the boat traffic it draws.
“The one thing we have in our advantage is that we have adjacent marina facilities,” Davis said. “That may be a plus.”

Adams agreed: “The marina is our best bet as a leveraging tool.”

Several previous petition drives calling for a no-wake zone in Briny fizzled without gaining any real traction. State officials are generally reluctant to change the status quo without compelling evidence or significant public pressure.

The Delray Beach City Commission’s resolution asked the FWC to create a no-wake zone between Atlantic Avenue and George Bush Boulevard. The measure said Intracoastal property owners were suffering “degradation of their sea walls and landscaping” because of boaters’ excessive speed. State officials have not yet formally considered the city’s request.

Briny Breezes Council President Sue Thaler told Town Manager William Thrasher to reach out to neighboring communities and enlist their backing for the town’s resolution and lower speeds.

“The more support, the better,” Thaler said. “Hopefully, this will go somewhere.”

By Steve Plunkett

Sections of the town’s narrowest roads could be widened at least 2 feet to combat water ponding on the pavement and ruts from vehicles that go off the asphalt.

The widening project, estimated to cost $238,386, could be finished by next winter. The proposal is posted on the town’s website, www.gulf-stream.org, for townsfolk to review.

“I think it’s something that the core [area] residents should evaluate and consider,” Mayor Scott Morgan said. “It’s not terribly expensive; it addresses the issues that have been raised every single day as long as I’ve been in this town. And I don’t think it would set back the future road improvements.”

Consulting engineer Baxter & Woodman Inc. presented photos at the May 8 Town Commission meeting documenting what are routine sights in Gulf Stream’s core area: rainwater backing up and completely covering parts of roadways, water ponding several inches deep at dysfunctional drains and deep ruts created by multiple cars and trucks.

The engineering firm recommends adding 1 foot of pavement to both lanes of Polo Drive from south of Palm Way to Old School Road, on Old School Road from Polo to Wright Way, on Banyan Road from Polo to Gulfstream Road, and on Lakeview Drive east of Gulfstream. That would make Polo Drive’s lanes 10 feet wide and the lanes of other roads up to a minimum 9 feet wide.

The two blocks of Lakeview west of Gulfstream Road will get 2 additional feet of asphalt in each lane, while the east side of Gulfstream will become 3 feet wider from Lakeview to Golfview Drive.

The town is in the second year of its 10-year capital improvement plan to replace water mains and rebuild streets. Planning for the reconstruction of Polo, Gulfstream and other roads in the core area is scheduled for fiscal 2021, with the work coming in fiscal 2022.
This year’s capital improvement work focuses on the water main along the northern section of State Road A1A. Also in May, town commissioners awarded a $1.9 million contract to Wellington-based low bidder Foster Marine Contractors Inc. for that work.

In other business:

• Town Manager Greg Dunham told commissioners that AT&T has stopped putting its fiber optic underground and wants more than $1 million to finish the work. Its existing contract was for $420,000.
“This is coming at the very tail end [of the project] — almost a blackmail-like attempt,” Morgan said.
Dunham said he would meet with Danny Brannon, the town’s main consultant on the underground utilities project, and the lawyer in Tallahassee who negotiated the contract with AT&T in 2017, to determine whether the higher cost is justified. FPL and Comcast were able to adapt to unexpected changes in the project without adjusting their fees, Morgan said.

• The eyesore house at 2775 Avenue Au Soleil was sold after the town reduced its lien to $125,000 and lifted its demand that the existing building be razed. But buyer Chet Snavely, who is also president of the Place Au Soleil Homeowners Association, plans to demolish the home anyway and “leave it as a lot,” Commissioner Donna White said.

By Jane Smith

Delray Beach Vice Mayor Ryan Boylston has agreed to pay $2,000 for violating state ethics laws over votes taken when he was a board member of a taxpayer-funded agency.

At the June 5 state Commission on Ethics meeting, commissioners plan to review a stipulation of facts concerning two ethics violations when Boylston was a board member of the city’s Downtown Development Authority. On April 10, he signed the stipulation, agreeing to the facts, to avoid a hearing.

Boylston was appointed in July 2011 to the DDA, which promotes downtown Delray Beach and taxes property owners in its 340-acre district.

The following year, 2012, he and others founded The Pineapple Newspaper, now known as the Delray Newspaper.

Boylston, whose DDA term ended in June 2017, insists he did not violate state ethics laws.

“I never voted to directly send advertising to my former newspaper,” Boylston said in mid-May. “It was up to the DDA staff to decide where to spend their advertising dollars.”

From 2014 through 2017, the DDA spent $22,710 on ads in Boylston’s newspaper.

When he announced he was running for city commissioner in October 2017, he stepped down as publisher of the Delray Newspaper. He sold his shares a few months later.

“I didn’t fight it,” he added. “The hearing was in Tallahassee and I would have had to hire an attorney to represent me. Then the COVID-19 lockdowns started and I was losing business.”

Boylston runs a marketing company, now called 2Ton, to help businesses with branding, advertising, web design and development, and photography and video production needs.

Martin Reeder, a media industry lawyer in West Palm Beach, had pointed out possible ethics violations by Boylston two years ago when he was running for a City Commission seat.

“We all want our public officials to abide by Florida ethics laws,” Reeder said recently.

Chris Davey, a residential real estate consultant, filed the complaint because “the citizens of Delray Beach deserve elected officials who act in their interests. … Ultimately, the $2,000 fines are a slap on the wrist, but the test will be next March when Boylston is up for re-election.”

Boylston became vice mayor at the commission’s March 31 reorganization meeting.

Davey said he knows the Florida ethics laws from his stint on the city’s Planning and Zoning Board and his current seat as chairman of the Board of Adjustments.

The state did not proceed on four other ethics complaints filed by Davey, who ran for a City Commission seat in March but lost.

The county Commission on Ethics said those alleged DDA violations occurred outside its time limit to investigate.

However, that agency issued a “letter of instruction” to Boylston on Feb. 6 over a vote last year for his client Azure Development. That complaint also was filed by Davey.

The letter agrees that Boylston relied on advice from the city attorney, “which ultimately was incorrect,” when the commissioner voted in May 2019 for an Azure project.

But the letter also told Boylston to take “reasonable precautions” on questions of voting conflicts in future situations.

They include asking the person “appearing before the City Commission if he or she has a financial interest in a project.”
Boylston sees the letter as basically “a suggestion on what to do in the future.”

Reeder, though, said, “It’s not a get-out-of-jail-free card. The next time, more of the burden will be on him.”

By Rich Pollack

Should a hurricane threaten this year, residents could have to choose between leaving their homes to avoid water and wind or remaining home to avoid contracting a deadly and highly contagious virus.

The decision, emergency managers say, is an easy one.

“Don’t not evacuate because of the coronavirus,” says Bill Johnson, director of Palm Beach County’s Emergency Management division.

Throughout Palm Beach County, emergency managers and law enforcement officials are brainstorming ideas on how to ensure residents stay safe should a hurricane threaten while the coronavirus remains a health concern.

The topic has been surfacing in daily meetings, where discussions include issues such as how to manage shelters during a pandemic as well as how to keep first responders safe.

“This hurricane season will be unique,” said Highland Beach Police Chief Craig Hartmann. “It’s not just the threat of a storm, it’s also the threat of a virus we can catch from one another.”

One topic of special concern to coastal residents is how to manage evacuations and how to ensure people fleeing a storm have safe places to go.

“Countywide, emergency management teams are working to assure we are capable of handling COVID-19 and evacuations at the same time,” said Ocean Ridge Police Chief Hal Hutchins.

However, the clear message is that the virus threat should not stand in the way of leaving home if you’re told to go.

“The risk to your safety is less if you evacuate than if you stay,” Hutchins said.

With hurricane season’s official beginning on June 1, Johnson and others say now is the time for people who live in evacuation zones to start making plans for where they will go should they be asked to leave their homes.

As always, the recommendation is to find shelter nearby rather than far away. At the same time, people should also search for ways to minimize the risk of contracting COVID-19.

“Is there a way you could shelter with family and friends and still maintain a safe distance?” says Chris Bell, Delray Beach’s new emergency manager.

Johnson says residents should have a Plan B in case the relatives or friends they expect to stay with start feeling ill.

Those who plan to evacuate to a hotel might also want to have a backup plan because hotel rooms could be harder to find — especially if they are used as shelters.

“Potentially there could be fewer hotel rooms available,” says Bell, who served as the director of preparedness for the state of Vermont. “If your plan was a hotel, think of a family you can go to as a backup.”

Statewide and locally, emergency managers are also exploring options to ensure that people who have no other place to go can shelter together safely.

In addition to possibly using hotel rooms, alternatives could include setting up special COVID-19 shelters or requiring those using community shelters to wear masks and stay a specified distance apart.

Hutchins said managers are also looking at ways to ensure that people with transportation needs are able to get to shelters if needed.
Johnson says that no matter where you go if you have to evacuate, the social distancing rules in place now would still apply.

Those same rules would apply to first responders who are often called upon to stay together at a central location during a storm.

Bell says a lot of the practices in place for emergency workers — temperature checks when they enter a building and the wearing of masks even inside — will be employed during a storm emergency.

While evacuations in coastal areas would be likely should a hurricane threaten, Johnson says those evacuations may not be as widespread as they have been in the past.

The county, he said, has been working with the National Hurricane Center on modeling of storm surge to determine degree of threat to certain coastal areas and to help further tailor evacuation zones. That could lead to ordering evacuations on a case-by-case basis.

Pedestrians in Highland Beach demonstrate good personal protection and social distancing. Although the man on the right can see oncoming traffic and gives the couple on the left plenty of room, police say it’s safer for walkers to stay off road shoulders or bike lanes. Tim Stepien/The Coastal Star

By Rich Pollack

Drive along State Road A1A in southern Palm Beach County and you’ll likely see quite a few more pedestrians than you normally might were it not for the coronavirus pandemic.

You likely also will see people practicing social distancing by walking along the shoulder of the road, between the white line and the swale.

That, say some in law enforcement, is a bad idea — and in some places it’s also against the law.

“Please don’t walk in the roadway because we don’t want you to get hit by a car,” said Ocean Ridge Police Chief Hal Hutchins. “If a sidewalk is provided, stay on the sidewalk.”

Hutchins said he and his officers saw a huge increase in the number of pedestrians on the sidewalk along A1A during the shutdown, in part because more people worked from home and because gyms, beaches and other exercise areas were closed.

That was also the case in most other coastal communities with walkways, including Highland Beach.

With so many people outside, it can be difficult to keep the recommended 6-foot separation.

But Hutchins says people can do it with common sense and common courtesy — and without having to step on the shoulder of the road.

He says people can step into a driveway or onto the grass if they see pedestrians approaching and want to keep 6 feet away.
“You should step aside if you have the ability to do so,” he said.

He also recommends wearing a mask if you’re walking along a heavily used path.

“We’re asking people to wear a face covering so they don’t have to walk in the roadway,” he said of Ocean Ridge.

In fact, he said, state law requires pedestrians to walk on a sidewalk if one is available.

While the goal is to ensure the safety of pedestrians, keeping walkers off the road also can help with the safety of bicyclists.

Bicyclist John Shoemaker, who is a Highland Beach town commissioner, said that when pedestrians walk on shoulders, which essentially serve as bike lanes, they pose a hazard for people on bikes.

“If pedestrians spill into the bike lane, then bicyclists have to go out into the roadway,” he said.

For his part, Hutchins believes people can be safer if they follow two simple instructions.

“Use common sense, and follow the state statutes,” he said.

By Charles Elmore

Even as Florida moves to reopen many businesses, COVID-19 deaths of residents at 18 long-term care facilities in or near Boynton Beach, Delray Beach and Boca Raton add to a mounting statewide toll that frustrates hopes to relax visitor restrictions at centers that care for older and medically vulnerable people.

By May 18, deaths among residents and staff at long-term care facilities around the state passed 900, state records show. That represented more than 40% of all virus-related fatalities Florida has identified. New cases of infection continue to emerge.
Stopping short of lifting a ban on most visitors, Gov. Ron DeSantis expressed concerns that isolation from loved ones comes with its own psychological and emotional costs.

“We’ve now been two months where visitors have not been allowed at these facilities,” DeSantis said May 13. “My view has been that I want to get to ‘yes’ on that. I just want to be able to know that we have procedures in place that if someone goes to visit their mother, that two weeks later we are not going to have 50 infections roil a nursing home or a long-term care facility.”

State rules effective May 18 allowed gyms, museums, restaurants and retailers to reopen or expand capacity.

Officials have been grappling with what steps to take next with long-term care facilities.

Dr. Deborah Birx, the coordinator of the White House coronavirus task force, recommended to governors on a May 11 call that all residents and staff at long-term care facilities be tested as soon as possible. 

DeSantis said his office’s March 14 executive order banning visitors to the centers helped slow the rate of the virus’ spread compared to that in many other states. He noted that teams of Florida National Guard medics have tested 32,000 residents and staff of long-term care facilities.

Senior advocates said the testing has not gone far enough to protect residents facing the highest risks in the pandemic, in a state with nearly 200,000 beds in nursing homes and assisted-living facilities.

“While there are encouraging signs across the state that mitigation measures have slowed the growth of the virus, residents and staff of elder-care facilities remain at serious risk,” AARP State Director Jeff Johnson said in a statement.

He called it “clear that the virus is getting into these facilities through contractors and staff. Only widespread, repeated testing will work. By testing only a few locations on a few occasions, we’re leaving too much to chance.”

One industry executive urged people to contact Congress to advocate for federal funding to meet critical needs such as protective gear and testing. He called for thousands of letters.

“It is clear we have made significant investments to help protect the safety and well-being of our residents and team members,” Chris Winkle, CEO of Sunrise Senior Living, said in a May 12 letter posted on the website of Stratford Court in Boca Raton. “But when it comes to federal funding to support this critical work, unlike the airlines, hospitality and other industries, assisted living has been left out of the conversation. And, the incredible efforts of our heroes, the team members on the front line serving our seniors, are going unnoticed.”

Records posted by the Florida Department of Health show Stratford Court with seven deaths of residents as of May 15, one more than a week earlier.

Eight resident deaths were reported at Boulevard Rehabilitation Center in Boynton Beach as of May 15, compared to six a week earlier, records show. The center’s website says it serves residents in short-term as well as longer stays.

Boulevard is “doing everything possible to limit COVID-19’s impact at our center,” a spokeswoman said. “Our professional staff are doing heroic work through this crisis, and we are adhering to recommended protocols and guidelines from local, state and federal public health agencies and medical experts.”

Ten residents and 10 staff members tested positive for the virus at Avante at Boca Raton Inc., and four residents transferred, records posted May 15 show. That compares to two positive residents who transferred and three staff who were known to have the virus as of April 27. One resident died, according to state records.

Other facilities with virus-related deaths the state reported by May 15 included Regents Park Nursing and Rehabilitation Center in Boca Raton (7 deaths), Hamlin Place of Boynton Beach (6), Manorcare Health Services in Boynton Beach (6), Heartland Health Care and Rehabilitation Center of Boca Raton (5), Sonata Boynton Beach (4), Lake View Care Center at Delray (3), and Willowbrooke Court at St. Andrews Estates in Boca (2).

State records showed one resident’s death each at Brighton Gardens of Boca Raton, Brookdale West Boynton Beach, Five Star Premier Residences of Boca Raton, Harbour’s Edge in Delray Beach, Heartland Health Care Center in Boynton Beach, Parkside Inn in Boynton Beach, The Meridian at Boca Raton, and Ventura Health and Rehabilitation Center in Boynton Beach.

In all, Palm Beach County saw 96 deaths by May 18 among residents and staff at long-term care facilities, ranking third in the state behind Miami-Dade and Broward counties, according to the Florida Department of Health. The state agency reported 901 deaths at such facilities statewide, accounting for about 45% of Florida’s overall COVID-19 death toll of 1,997.

Birthday celebrations, graduations, hair appointments ­— few things in everyday life look as they did before COVID-19 arrived

Thirteen-year-old Kenzi Mendel rides on the back of a golf cart with her mother, Amani. Kenzi celebrated her birthday by motoring around her neighborhood in Ocean Ridge and accepting gifts and posters from dozens of neighbors and friends, like Sharon DeCardenas (right). Jerry Lower/The Coastal Star

A member of the National Guard instructs drivers on protocol at the COVID-19 testing site at the South County Civic Center in Delray Beach on April 7. Testing is done only by appointment for residents over age 16 who show symptoms. Tim Stepien/The Coastal Star

Linda Loch, owner of Briny Beauty Salon, puts curlers in the hair of a longtime client. Loch wears a mask to help protect her
customers. Jerry Lower/The Coastal Star

Graduates from Saint John Paul II High School were honored by posters lined up in the front yard of the school in Boca Raton. Photo provided

People in the citizen-driven South Florida Tri-County Car Caravan traveled throughout the area to encourage local and state officials to lift restrictions that eventually stood in place for about six weeks before they began to be phased out. Here the caravan makes its way along Atlantic Avenue in Delray Beach on April 19. Tim Stepien/The Coastal Star

By Dan Moffett

The Town Council is moving closer to hiring a communications contractor to improve South Palm Beach’s internet connections and emergency messaging with residents.

During their May 12 meeting, council members approved drafting a contract with The Merchant Strategy Inc., a West Palm Beach public relations firm headed by former state legislator Sharon Merchant.

Another West Palm Beach firm, My PR Guru, also remains a candidate for the contract. The two companies scored highest in council members’ evaluations of services from several applicants.

“We have to decide what we need,” said Mayor Bonnie Fischer. “We’re not that close right now, and I think we’ll need a workshop to make the decision.”

Fischer said she wants the town’s website to do a better job reaching out to residents and enlisting their involvement in government and recreational activities. Vice Mayor Robert Gottlieb believes a town Facebook page might be part of the solution.

“We’re a unique small town,” Fischer said. “We have to figure out how to reach people. A lot of our residents don’t even have cellphones.”

Improving communications took on a new urgency last Thanksgiving weekend when a water main broke outside the Mayfair condos, parts of the town lost service and utilities officials put out a boil-water advisory. Fischer said she had no way to quickly alert residents and had to post flyers in the lobbies of condo buildings.

The council is looking for a way to send out mass emails or text messages to as much of the town’s population as possible.

In other news:

• Town Manager Robert Kellogg and Fischer distributed several thousand surgical face masks throughout the town last month.
Council members endorsed buying the masks to promote public safety in dealing with the coronavirus.

“When no one else thought about getting masks for the citizens of South Palm Beach,” said resident Christine Mang, “Mayor Fischer was the one who stepped up.”

• As of mid-May, the town had one confirmed death from COVID-19. John Thomas “Tom” Craciun died April 1 in West Palm Beach, a couple of weeks after contracting the disease.

Mr. Craciun, who was 77, owned a home in The Tuscany for about 12 years and was a familiar presence around the condo swimming pool. Originally from Warren, Ohio, he was an all-state swimming champion in high school who competed at Ohio State and Youngstown State universities. He set a world record in the 40-yard freestyle just before that distance was discontinued.

Mr. Craciun worked 30 years as a supervisor in a General Motors plant before relocating to Florida. He loved buying and selling vintage high-performance cars. He is survived by his ex-wife, Nanci, longtime ex-girlfriend Wendy, son Jon Paul, grandsons Maxwell and Levi, daughter Nancy Jean and granddaughters Hunter and Addison. 

• Former South Palm Beach resident Lucille Flagello died on April 4, in Mahwah, N.J., after a short illness. She was 79.

Born and raised in Brooklyn, New York, Mrs. Flagello was active in South Palm community events and a frequent participant in council meetings. Her son Joseph Flagello Jr., a chiropractor, served as the town’s vice mayor until dying suddenly of heart failure at the age of 51 in 2017. Both were members of the Palmsea condo association.

“She was a wonderful person with a wonderful personality,” Fischer said. “Look at the son she produced.”

The council appointed Mrs. Flagello to serve out the remainder of her son’s term after his death.