By Rich Pollack

Highland Beach residents are likely to see a slight increase in the taxes they pay for municipal services when they receive their tax bills this month.
The Town Commission last month finalized an operating tax rate of $3.12 per $1,000 of assessed property value, slightly higher than last year’s rate of $3.07 per $1,000 of assessed value.
Residents will also pay about 60 cents per $1,000 of assessed value to pay for debt service.
This year’s budget for the general fund, used for day-to-day operations, is $12.3 million, down from $13.6 million last year.
The tax rate increase and the use of close to $700,000 in reserve funds are due, commissioners have said, in part to a significant increase in the fee the town pays Delray Beach for fire service.
This year, Highland Beach has budgeted $4.28 million to pay for fire service from Delray Beach, up from an estimated $3.91 million last year.
Residents can view the complete budget on the town’s website at www.highlandbeach.us, clicking on “Government” at the top of the home page and then clicking on “Finance Department.”

By Sallie James

A plan to build a controversial 49-foot-tall, 14,270-square-foot duplex and a mansion on the north end of Boca Raton’s beach is slated for review Oct. 18 by the city’s Environmental Advisory Board.
The EAB advises the Planning and Zoning Board and the City Council about the possible environmental impact of proposed development and recommends ways to minimize adverse environmental impacts.
Exactly what can be built on privately owned oceanfront property has been a hot topic in Boca Raton since 2015, when a four-story mega-mansion was tentatively approved for an undersized oceanfront parcel at 2500 N. Ocean Blvd.
The duplex is proposed to be built at 2600 N. Ocean Blvd.
Residents complained at the time that the structure would change the face of the beach, disorient nesting sea turtles and set a precedent for more development. That project has not yet been constructed.
“It’s a big deal,” said Councilwoman Andrea O’Rourke. “I understand the staff is not recommending it. The EAB will then have to take the staff report into consideration, their own findings into consideration and what the petitioner wants to build there. Then the EAB makes a recommendation that will ultimately come to City Council.”
O’Rourke was not on the City Council when the first residence was approved in 2015. She said it was that approval that spurred her to eventually run for City Council.
“At the time I was up in arms,” O’Rourke said.
The EAB will base its recommendation on environmental impact, she said.
“It’s just a question of whether the land is viable to build on,” O’Rourke said.
City resident Jessica Gray formed the group Boca Save Our Beaches after the first project was proposed, and has been vocal in her opposition to any beachside construction.
“We need to preserve what is left of nature for future generations, and respect the habitat of other organisms, who lived here first,” Gray said.
Boca Save Our Beaches opposes both projects and posts its opposition regularly on Facebook.
“Here you have it: a green sign of death at 2600 N. Ocean. Coming soon, construction at a beach near you!!” read an August post. “Once our beaches are gone, we can never get them back. Say no to $$$$ and yes to the environment.”
The proposed structure for 2600 N. Ocean Blvd. is imposing. Each side of the duplex will have four bedrooms, five full baths, one half-bath, a glass elevator and a four-car garage, according to Delray Beach-based Azure Development, which is marketing the site. It would also have a 40-foot boardwalk and a rooftop swimming pool.
No sale price has been set for the duplex.
Gray is especially concerned about the long-term impact on endangered sea turtles.
“When the 2500 and the 2600 N. Ocean structures are completed, the turtles nesting on the property will be forced to nest closer to the erosion control line, which would put them at more risk of destruction by wave action and washout,” she said.
Gray is also worried about erosion if the dunes are compromised due to construction.
“The dunes of 2500 and 2600 will be permanently destroyed and almost nonexistent. Dune systems protect existing buildings west of the Coastal Construction Control Line during storms,” she noted. “When a large dune is not present, more damage is done by wind and water to the west side of A1A.”

By Mary Hladky

A new idea has emerged to boost performing arts in the city.
Dan Guin, executive director and co-artistic director of the Boca Ballet Theatre, will appear before the Boca Raton City Council on Oct. 9 to outline his vision for a performing arts district on city-owned land east of the city library on Spanish River Boulevard.
Guin envisions more than a single performing arts center. His concept is a multi-venue campus that a number of cultural organizations would use.
He has no intention of building another Kravis Center. Rather, he sees a number of smaller theaters that would meet the needs of local groups.
“We are trying to create a home for the groups that live and work here,” he said.
Speaking with The Coastal Star in late September, Guin declined to go into specifics until he makes his presentation to the council.
“We think we will paint a good image of what would work here for all of us,” he said.
The concept, he said, is supported by the 15 members of the Boca Raton Cultural Consortium, including the Harid Conservatory, the Symphonia chamber orchestra, the Boca Raton Historical Society & Museum, the Boca Raton Museum of Art and the Boca Raton Children’s Museum. Guin is president of the consortium.
Guin points to the Boca Ballet Theatre to explain why such venues are needed. Boca Ballet uses auditoriums at Florida Atlantic University, Spanish River High School and other locations for its productions.
While the facilities are good, part of the theater experience is missing, he said.
“We are bringing in the biggest names in ballet. You can go to the Met to see them. When you come here, you can’t even have a glass of wine. A table is the will call.”
He should be scheduling performances three years out, he said. Instead, he often does so only months in advance as he fits his schedule into the needs of the school or the university.
Guin sees an economic benefit to the city. He does not want Boca Raton to be unable to attract corporations because the community does not adequately support the arts.
“Do we want to have a community that has a thriving arts scene? You have to fertilize it. What we are looking to create is a fertile garden for the cultural arts,” he said.
Supporters have identified several sources of funding, he said. But a performing arts district will need the support of local residents, who are not as engaged in funding the arts as are residents of other cities such as Sarasota.
The goal is to raise one dollar of endowment for each dollar raised for bricks and mortar so that the district can be sustained, he said.
Council member Andrea O’Rourke, a strong supporter of the arts, invited Guin to make the presentation to the council.
“Arts and culture feed the economy,” she said. “I am a believer in this being an economic engine for the community.”
O’Rourke described Guin’s concepts as “beautifully thought out.” But she said it would not be easy to turn the ideas into reality.
“They will need a very strong capital campaign to see this into reality,” she said. “This is something the cultural community will have to take on.”
City Council members earlier this year agreed that a performing arts center would be a welcome addition to the city and have given some thought to including it in a new downtown government campus still being planned. No decisions have been made.
The Related Group has pitched two proposals to the city in which it would build a performing arts center and adjacent parking garage.
The second proposal called for Related to build the center in the downtown campus or wherever else the city wants. In return, the developer would buy the city-owned “old library” that now houses city offices near City Hall, tear it down and build 300 luxury apartments.
The city has not acted upon this offer, and said it would not do so until its planning for the downtown campus is more advanced.

By Steve Plunkett

Construction of the new Boca National Golf Course — just the course, not a clubhouse, advanced golf academy or other amenities — will cost $9.5 million to $11.5 million, the project’s designer says.
“We’ve really been running in first gear right now, and with the approval of the master plan that will allow us to really get moving,” said Wayne Branthwaite, with the Nick Price/Tom Fazio II design team.
The Greater Boca Raton Beach & Park District hopes to begin building the course in June and open it to golfers next October. But neither the district nor the city, its partner in the acquisition, put any money for construction in budgets.
Arthur Koski, the district’s executive director, said it will borrow money to build the course if need be.
The city’s budget also makes no mention of the $65 million it expects to receive in May from the sale of the municipal golf course west of Boca Raton.
The Beach & Park District on Sept. 17 endorsed the designers’ recommendation to build an 18-hole championship course with a nine-hole executive course and a “full-length” driving range. The existing Boca Teeca course at the site had 27 holes with a driving range considered too short for modern equipment.
District commissioners in September also approved an almost $42 million budget for fiscal 2019. The tax rate is 91.47 cents per $1,000 of taxable value, an increase of nearly 4 percent from the budget year that just ended. The spending plan includes $3.75 million to install artificial turf fields at Patch Reef Park.
In Boca Raton, meanwhile, the City Council approved an $864.6 million budget for the new fiscal year. The tax rate, about $3.68 per $1,000 of taxable value, is a 4.6 percent increase. City residents will also pay a $135 fire assessment fee, up from $125.

By Mary Hladky

Defeated Boca Raton mayoral candidate Al Zucaro intends to step away from politics and from the BocaWatch blog he founded seven years ago.
Shortly after he conceded the race to Scott Singer on Aug. 28, Zucaro told The Coastal Star that he does not anticipate another run for election. He also said he will look for someone to take over the blog, which has been critical of the Boca Raton City Council and what he and his supporters see as over-development in the downtown.
“It no longer needs a warrior,” he said of BocaWatch. “It needs a reconciler.”
On Sept. 5 he posted on the blog that BocaWatch will be on sabbatical “for a short while.”
“But look for its return with a new team; a team who will move Boca to an even higher level!” he wrote.
The blog achieved its purpose by alerting residents to the need to control development and to encourage them to take a more active role in city affairs, he said on election night. His allies include new council members Andrea O’Rourke and Monica Mayotte.
“I have done what I set out to do by creating BocaWatch,” Zucaro said.

By Rich Pollack

HIGHLAND BEACH — For almost 20 years until his retirement in 2017, the Rev. Gerald Grace presided over the congregation at St. Lucy Catholic Church in Highland Beach as its pastor.
A native of Ireland who served the Catholic community in South Florida for more than half a century — first in Miami and then in Palm Beach County — Father Grace died Aug. 10. He was 79.
“Father Grace lived up to his last name, and offered compassion, wisdom and guidance,” said Peggy Gossett-Seidman, a longtime parishioner and now a Highland Beach town commissioner. “He was soft-spoken, moved about lightly and was always willing to administer to sick and troubled residents throughout the town, even if they weren’t Catholic.”
Born in County Limerick, Ireland, Father Grace had several brothers, including a twin, according to Gossett-Seidman. After arriving in South Florida, he first served in the Archdiocese of Miami and later moved to the Archdiocese of Palm Beach soon after it was created in 1984.
Father Grace served as a teacher at St. Vincent de Paul Regional Seminary prior to being assigned to St. Lucy Catholic Church in 1998. He remained the church’s popular pastor until his retirement last year, when he became pastor emeritus.
“Father Grace was a unique priest,” said the Rev. D. Brian Horgan, St. Lucy’s current pastor. “His commitment to teaching never ended, and he was perhaps one of the most emerging theologians of his time, influencing the many priests throughout the state of Florida while he taught at the seminary.”
Horgan first met Father Grace when he was assigned to St. Lucy in 2013.
“I witnessed a man who remained faithful to his calling as a priest of Jesus Christ,” Horgan said. “He was a man who could laugh at himself, one who could make others laugh, and perhaps most importantly he was a man of principle and loyalty.”
Both Horgan and Gossett-Seidman remember Father Grace as a community leader who was always available to lend a gentle and helping hand.
“What has struck me the most about him was the fact that he was quick to forgive, generous to so many people and was always ready to go, day or night, to help people,” Horgan said.
Gossett-Seidman remembers one incident in particular that showed Father Grace’s kindness.
“In his finest hour, he once awakened at 4 a.m. to board an air ambulance helicopter and travel to a Miami hospital with a couple whose son was just born with a malformed heart,” she said. “That boy is now 20 and attended Father Grace’s funeral.”
The funeral Mass for Father Grace, held Aug. 14, was attended by more than 100 priests and clergy members, including Palm Beach Diocese Bishop Gerald Barbarito and Diocese of Orlando Bishop John Noonan. 
“Father Grace will be missed from the church of South Florida but will always be remembered as an architect of its success,” Horgan said.
Father Grace is survived by his brother and sister-in-law Edmond and Philomena Grace; his sister-in-law Anne Grace; and two nephews, Gerry and Micheál.

By Rich Pollack

A Lee County man who appears to have served as a financial adviser to an elderly Highland Beach woman found murdered in April has been arrested and charged with more than two dozen grand theft and financial fraud-related charges.

The Lee County Sheriff’s Office confirmed that David Del Rio, 35, was arrested near his home in Lehigh Acres on Florida’s west coast Thursday morning on a warrant from Palm Beach County.

Charges against Del Rio, according to NBC2-WBBH in Fort Myers, include two counts of exploitation of the elderly, two counts of money laundering of $100,000, seven counts of fraudulent use of personal identification of a deceased person, and 13 counts of grand theft of less than $5,000 from a person over 65. In addition, Del Rio was charged with grand theft of more than $50,000 from a person over 65.

The Lee County Sheriff’s Office confirmed that the bomb squad assisted with the arrest by providing tools, but would not say anything further. Witnesses said police removed several vehicles from the property as well.

After a first appearance in court Friday morning, Del Rio was held without bond and was ordered transported to Palm Beach County within three business days, according to WBBH.

Palm Beach County Sheriff’s Office officials, who have been tight-lipped since the late April death of 85-year-old Elizabeth Cabral, did not comment on the case or connect Del Rio to the homicide.

Neighbors in the Penthouse Highland condominium along State Road A1A however confirmed that Del Rio had served as a financial adviser to Betty Cabral and her late husband William Cabral, who suffered from dementia and died in 2017.

In addition, a 2015 notice of commencement document for work on the Cabrals' condo on file with the Palm Beach Clerk and Comptroller’s Office shows Del Rio’s signature next to William Cabral’s name as POA or power of attorney.

Neighbors at the condominium said they were concerned about the financial relationship between Betty Cabral and Del Rio after William died, but that Betty was reluctant to sever the ties because he treated her kindly.

“None of us liked him because we felt that he was trying to take advantage of Betty,” said Alan Croce, president of the Penthouse Highlands Association and a retired high-ranking law enforcement official in New York.

Croce said that although it has been almost five months since Cabral’s body was found, her fifth-floor condominium remains cordoned off as a crime scene.

Elizabeth Cabral’s body was discovered on the night of April 30 shortly after her 2013 Hyundai Sonata was reported abandoned in a vacant Pompano Beach field. The keys to the car were found on the floorboard. When police arrived to check on Cabral they discovered her body.

Cabral’s death sent shock waves through the community, since major crimes are rare in Highland Beach, which has a full Police Department, with officers routinely patrolling the town. Highland Beach has repeatedly been rated among the top 10 safest cities in Florida by organizations that compile rankings.

Highland Beach’s only other confirmed homicide occurred in 1994 when Richard P. Ramaglia, 49, was stabbed to death in his home in the 4000 block of South Ocean Boulevard. Palm Beach County Sheriff’s deputies later arrested 23 year-old Mary Juhnke. Juhnke told detectives an argument over whether she should have an abortion led to the stabbing.

Juhnke later pleaded guilty to second degree murder and was sentenced to 17 years in prison in December 1994. A woman with the same name was killed in a 2015 auto accident in Washington state, where Juhnke was originally from.

By Mary Hladky

Circuit Judge Glenn Kelley denied a defense motion to dismiss public corruption charges against suspended Boca Raton Mayor Susan Haynie at a Sept. 11 hearing, but the ruling will have little impact on how the case proceeds.

Bruce Zimet, Haynie’s defense lawyer, told Kelley his motion was not intended to bring a swift resolution to the case but was simply an attempt to clarify the charges against Haynie so that he can defend her.

“All these things can be cleaned up easily… so a proper defense can be prepared,” Zimet said.

Assistant State Attorney Brian Fernandes said no cleanup is needed because the charges against Haynie are adequately stated and state law does not require him to do more.

“We have complied with our legal requirements,” Fernandes said.

After the hearing, Zimet said he would file more motions in coming weeks and did not predict when the case would go to trial.

Asked whether the case might end with a plea bargain, Zimet said, “I don’t think so.”

Haynie, 62, did not appear at the hearing. She has pleaded not guilty and has waived her right to a speedy trial.

She was arrested on April 24 on seven charges, including official misconduct, perjury, misuse of public office, and failure to disclose voting conflicts. If convicted, she faces more than 20 years in prison.

Gov. Rick Scott suspended her from office, and Haynie dropped out of the District 4 county commission race.

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

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

Zimet had filed two motions to dismiss the charges, contending the state made mistakes in the charges that warranted their dismissal.

The most consequential involves a state anti-corruption law that was amended by the legislature in 2016 to make it easier for prosecutors to prove corruption.

The law initially said the state had to establish that a public official acted with “corrupt intent.” The amended law changed that to “knowingly and intentionally,” a lesser standard of proof.

But in two of the felony official misconduct charges against Haynie, prosecutors said she acted “knowingly and intentionally” even though her alleged crimes occurred before that language went into effect. As a result, Haynie was charged with a “non-existent crime,” the motion to dismiss states.

The third felony official misconduct count did not lay out how she violated the law, while the felony perjury count does not say what false statement Haynie is accused of making. The three misdemeanor charges do not say Haynie’s violations were “willful” and so do not allege a criminal offense, the motion states.

In response, the state amended its charging document in July, conceding Zimet’s contention that it had used the wrong language in the first two official misconduct charges and said the new wording made moot Zimet’s effort to get those charges tossed.

The state also changed the misdemeanor charges to state that Haynie acted “willfully.”

At the Sept. 11 hearing, Fernandes said those actions remedied any “perceived” problems with the charging document.

But Zimet argued that the state had not adequately fixed the problems. The charges remain so vague that it is not clear what the actual allegations are against Haynie and how she benefited from her allegedly illegal actions, he said.

Kelley, however, ruled that the charging document is “sufficient.”

The next scheduled hearing in the case is an Oct. 26 status check.

Richard Lucibella listens as his attorney and the prosecutor tell Circuit Judge Daliah Weiss that she will have to resolve a motion seeking to limit what the jury can hear. Jerry Lower/The Coastal Star

By Steve Plunkett

Former Ocean Ridge Vice Mayor Richard Lucibella will wait at least another four months for his day in court.

At a Sept. 7 hearing Circuit Judge Daliah Weiss checked her calendar and gave Lucibella his new trial date of Jan. 28, 2019. He will also return to her courtroom Oct. 12 when she will rule on prosecutor’s Danielle Grundt’s motion to limit what attorneys and witnesses for Lucibella can tell the jury.

Lucibella, 65, is charged with battery on an Ocean Ridge police officer and resisting arrest with violence, both felonies, and a misdemeanor count of using a firearm while intoxicated. He has pleaded not guilty.

Police went to Lucibella’s backyard Oct. 22, 2016, when neighbors reported hearing gunfire. He resigned from the Town Commission seven weeks later.

Lucibella’s first trial date was in April 2017 but was postponed several times. Most recently it was to start Aug. 20, but Grundt’s motion derailed that schedule.

Palm Beach County Supervisor of Elections Susan Bucher (standing) watches as ballots are examined during the recount of the Boca Raton City Council Seat A election Aug. 31. There were 16 previously uncounted ballots. Tim Stepien/The Coastal Star

By Steve Plunkett and Dan Moffett

 And the winner is: Andy Thomson!

An agonizing 67 hours after the polls closed Aug. 28 and following almost six hours of recounting ballots by machine and by hand, Palm Beach County Supervisor of Elections Susan Bucher declared that Thomson won Seat A on the City Council—by maybe 32 votes.

Complete results were delayed by her computer’s programming, but Thomson is “clearly the winner,” Bucher said before her software spit out the final results.

The almost-final tally was 7,929 votes for Thompson and 7,897 for Kathy Cottrell. Tamara McKee, the third candidate, had 2,133.

“I’m thrilled to be in this position,” Thomson said from Scotland, where he and his wife, Joanna, are celebrating an anniversary trip they planned long before the recount was ordered. “Nobody would have expected it would have come to this.”

Thomson, who campaigned on a message of “responsible, managed growth,” is expected to often side with Mayor Scott Singer, who touted a record “of opposing overdevelopment” in this election, and Deputy Mayor Jeremy Rodgers, who attended both Singer's and Thomson's election night gatherings.

Thomson said his narrow victory showed him voters are split about the city’s future. “I look forward to working together to bridge this divide,” he said.

Council members Andrea O’Rourke and Monica Mayotte attended Cottrell’s election night watch. O’Rourke, who endorsed Cottrell early on, defeated Thomson in a sometimes-bitter campaign for Seat B in March 2017.

Bucher said the recount ensures that the totals are accurate and that Thomson won. “I don’t want to be 99 percent,” she said. “I want to be 100 percent accurate.”

Bucher’s staff, since Election Day, found a bin with 16 ballots that were overvotes or undervotes that were set aside but not counted. No one can say how this happened, but her office’s attorney says it was definitely a mistake.

“We should have done them Tuesday night,” said Andrew Baumann, Bucher’s attorney.

Thomson won nine of the 16 votes and Cottrell won three. McKee got one; the others were tossed out by the canvassing board, which included Bucher and Circuit Judges August Bonavita and Bradley Harper.

Cottrell and Thomson both received about 1,600 votes more than Al Zucaro did in the mayor’s race. Zucaro lost to Singer in a landslide, 63 percent to 33 percent. Zucaro's BocaWatch blog supported Cottrell, as it did O'Rourke and Mayotte before.

A 19-vote difference, 0.1 percent, triggered the hand count of 1,518 undervotes and overvotes, ballots without a choice or with two or more candidates chosen. Most were undervotes and had no impact on the race.

State law requires a hand count when the difference is 0.25 percent or less.

On election night Cottrell held a lead of more than 200 votes after early votes were counted and again when about two-thirds of the city's precincts were tallied.

Her lead narrowed to 37 votes by 10 p.m. Two hours later she and Thomson were tied. Mail-in and provisional ballots counted near midnight gave Thomson first a three-vote advantage, then pushed him ahead by 19.

By Mary Hladky

The Boca Raton City Council has endorsed changes that would make it simpler and less time-consuming for small-business owners to get approvals for their projects in the downtown.
Council members have long talked about the need to streamline the process for reviewing downtown building and renovation projects, and the issue was highlighted earlier this year by the saga of an entrepreneur who wanted to open an ice cream shop on Palmetto Park Road.
Rick Felberbaum said it took nearly two years to get City Council approval to change the allowable use of his building from office space to a 971-square-foot ice cream shop. But when Felberbaum still needed to jump through more hoops to launch his business, he gave up and opened his shop in June in Delray Beach.
“The city took such a long time to approve my plans, I had to make other plans,” he told The Coastal Star in March. “I had no other choice.”
Council member Andrea O’Rourke, sitting as the Community Redevelopment Agency chair, brought up the city’s loss of Felberbaum’s small business on Aug. 20 as CRA commissioners discussed city staff-recommended changes to the ordinance governing downtown development and CRA rules.
A potential buyer of Felberbaum’s building wants to open a retail shop but fears going through a cumbersome process, she said.
“How can we encourage this business to prosper … on Palmetto Park Road so we have vitality in our downtown, but we don’t have to put the potential buyer through that type of long-term process?” she asked.
Development Services Director Brandon Schaad said the changes likely would shorten the length of time to complete approvals, which now can take 18 to 24 months, to just a few months for that potential buyer.
The changes would benefit small projects or when a business owner or developer wants to make minor changes to projects that already have completed the approval process.
The new rules, which must be finalized and formally approved by the City Council at a future meeting, in effect would make a distinction between a major condominium, apartment or hotel project, and smaller projects such as a retail shop or restaurant in the downtown.
The rules would allow City Manager Leif Ahnell, who also serves as CRA executive director, to approve a project that includes a new building or addition to an existing building that is 5,000 square feet or less, and to approve minor changes to landscaping and parking on land parcels of one-half acre or less.
Changes to paint color, roofing material, window trims and the like would go to the Community Appearance Board for approval after city staff recommends in favor, and then placed on the CRA consent agenda for final approval without debate unless a council member asks for discussion or more information.
Another proposal would allow 10 percent of trees and plants in an already approved landscape plan to be changed if the CAB approves.
The long list of proposed changes includes establishing valet parking standards and electric vehicle parking standards in the downtown. Such standards already exist outside downtown.
If a building project causes the loss of on-street parking, the developer would be required to replace it at another on-street location. Currently, the developer can provide for the parking in the project’s parking garage, but drivers don’t necessarily know they have access to it.
The changes also clarify existing rules, such as to explicitly state that industrial uses are not allowed in the downtown and to more clearly specify when electricity, telephone and other distribution lines must be placed underground.
Council members supported the changes.
“I think these are all really good clarifications and modifications,” said council member Monica Mayotte.
Architect Derek Vander Ploeg, who has long advocated streamlining the development approval process, also voiced his support.
“I think this is great. Long overdue,” he said.

By Mary Hladky

One month after Boca Raton City Council members rejected a proposal to build a luxury adult living facility in the downtown, landowner Robert Buehl announced he plans to file a lawsuit seeking as much as $100 million in damages against the city.
The council’s 3-1 vote on July 23, with only Deputy Mayor Jeremy Rodgers supporting the project, was unexpected since developer Group P6’s previous condo projects in the city were easily approved and the council unanimously supported a separate downtown luxury ALF project last year. Council members have praised Group P6 for following the city’s development rules.
But in considering the proposed $75 million Concierge, council members, sitting as Community Redevelopment Agency commissioners, expressed concerns that the facility would overburden the city’s fire-rescue services and lacked adequate parking.
Council members Andrea O’Rourke and Monica Mayotte also questioned whether another ALF was a good fit for the downtown. Speaking of the city’s vision of a vibrant downtown, O’Rourke said she was not sure how much the Concierge’s residents would be engaged in the community since the ALF would provide many services, such as dining.
In an Aug. 24 release about his intentions, Buehl said the comments amounted to discrimination against elderly people.
“The statements made by elected officials regarding our city’s elderly residents were absolutely discriminatory and shameful,” Buehl said. “… The council members should be embarrassed of their remarks against these important and vital members of our community.”
Another basis for the litigation, Buehl said in an email, is that council members “inordinately burdened, restricted or limited Robert Buehl’s property rights.”
Two days before Buehl’s announcement, Group P6 headed to court to appeal the city’s decision without seeking damages.
A city spokeswoman declined comment, citing city policy of not commenting on pending litigation.
These actions mark the second time that developers have pushed back against denial or delay of approvals for their projects since O’Rourke and Mayotte won election on platforms of being “resident friendly” and opposed to over development.
Developer and landowner Crocker Partners filed suit May 23 after the City Council in January postponed a vote on ordinances that set a framework for how its proposed Midtown project could be built. The massive project, on land just east of the Town Center mall, would have included up to 2,500 new residential units.
That lawsuit seeks 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 instead voting to develop a “small area plan” for Midtown, are illegal.
In a separate action in April, Crocker Partners told the city it planned to file a lawsuit seeking $137 million in damages because it has not been able to redevelop three properties it owns in Midtown — Boca Center, The Plaza and One Town Center.
Crocker Partners filed its notice to the city under the state’s Bert J. Harris Jr. Private Property Rights Protection Act, which gives the city and developer 150 days to reach a settlement. If that doesn’t happen, the developer could file the claim for damages in circuit court.
Buehl also intends to file his notice under the Bert Harris Act.
In his release, Buehl said he had been approached by “special interest groups that defend the rights of seniors” that he thinks will file their own legal actions.
Asked the identity of the groups, Buehl said in an email “we can’t speak for them but are confident that the city will hear about them.”
Buehl and Group P6 had proposed a nine-story ALF at 22 SE Sixth St. that would have included 53 independent living, 37 assisted living and 20 memory care units.
Its plans had the support of the city staff and the city’s urban design consultant and had been unanimously approved by the Community Appearance Board and by a 5-2 vote of the Planning and Zoning Board.
But city staff and Fire Chief Tom Wood did express concern that the project would result in increased calls for ambulance service.
Adult living facilities, they said, have 15 times as many calls for service per bed as does a typical multifamily development. The annual cost of a rescue unit, including the vehicle, equipment and staff, is about $2 million.
Speaking at the July 23 meeting, Wood said his department is on the verge of not meeting time standards for responding to emergency calls and is asking for an additional rescue unit.
The city’s proposed 2018-19 budget includes $600,000 for adding staff to the medic unit at Fire Station 6, at 1901 Clint Moore Road, although that is not enough to fully staff the unit. A full-time medic unit is needed at Fire Station 8, at 190 SW 18th St., a city spokeswoman said.
Concierge’s representatives disputed the city’s statements that its ALF would strain rescue services.
They said nurses would be on duty around the clock and could handle many problems, such as when a resident falls. They also noted that about half the Concierge’s units are for independent living, and those residents would be less likely to need ambulance services.
They also contended senior housing facilities have less need for ambulance services. Concierge attorney Ele Zachariades based that on a letter received from the American Seniors Housing Association, a not-for-profit trade association. She did not respond to a query about whether the Concierge team had solicited the letter.
“Based on my experience of running the American Seniors Housing Association for more than 25 years, I believe senior living communities do not increase but actually reduce the number of fire rescue runs,” wrote association President David Schless.
City staff raised the issue of impacts on fire-rescue services last year when the council was considering a 193-unit luxury assisted living facility at 375 E. Royal Palm Road proposed by Boca Raton-based Penn-Florida Cos.
Council members, including O’Rourke, approved that project, agreeing with the developer that the facility is badly needed because of an aging population and would be a welcome addition to downtown.
But council members said the city needed to develop a policy that would make all ALFs bear some of the cost of increased city services. As of July, that had not been done.
To arrive at a cost figure for ALFs, the city’s Fire Rescue Services Department compiled the number of calls from five ALFs in the city and compared that with calls from the five-building, 190-unit Casa Del Rio condominium at 450 NW 20th St.
Calls from Casa Del Rio, with 380 beds, totaled 144 between 2010 and 2014. The five ALFs, totaling 784 beds, produced 880 calls over one year.
The city calculation shows that the condo had .076 calls per bed, while the ALFs had 1.12 calls per bed.
The city also said 84 percent of calls from ALFs result in transport to a hospital, while only 50 percent of calls from a multifamily property result in the need for transport.

Michigan man knows our issues, commission says

By Rich Pollack

After a few hiccups, Highland Beach has a new town manager.
Following a day and a half of intensive interviews, Highland Beach commissioners selected Marshall Labadie of South Lyon, Mich., as town manager.
“Marshall is smart, energetic, well rounded, dedicated and experienced,” said Commissioner Elyse Riesa. “He has fresh eyes to look at our town.”
Under a proposed contract the Town Commission is expected to approve in early September, Labadie will receive a salary of $150,000 plus benefits, up from the $139,000 paid to the previous manager. He is scheduled to start Oct. 1 and will also receive $15,000 in relocation expenses.
Currently the development services director for the suburban Detroit township of West Bloomfield, Labadie reports directly to the township board while managing a staff of 14 full-time employees as well as six contract employees.
He is charged with administering a $4 million operating budget and a $15 million capital projects budget and has served as the township’s planning director and building department director.
“My family and I are very excited to move to Highland Beach and become engaged in the community,” Labadie said.
Commissioners found that many of the issues Labadie has worked on — or was still working on — in Michigan were similar to those facing Highland Beach.
“His projects are very close in line with what we’re doing here,” Commissioner Peggy Gossett-Seidman said. “They’re finishing up a streetscape program and that’s similar to what we’re doing.”
A Michigan native familiar with the West Bloomfield area, Gossett-Seidman pointed out other similarities between the two communities, especially in the age and income level demographics.
Another plus for Labadie, she said, is his knowledge of key environmental issues. Labadie holds a degree in environmental science and economics from Michigan State University and a master’s degree in management from Walsh College in Michigan.
He was responsible for creating West Bloomfield’s sustainability policy and has worked as an environmental manager in the Ann Arbor area as well as a soil erosion officer.
Although a few of the five other finalists for the Highland Beach job are or have previously served as town managers, Gossett-Seidman said Labadie’s experience more than qualifies him for the job.
“If you look at what he’s done, he might as well have been a town manager,” she said.
Labadie said he will bring a “strategic management style that focuses on a team approach, transparency and respect for all stakeholders” to his new job, and thinks his 20 years of varied governmental experience fits well with Highland Beach’s needs.
“Public administration is my life’s passion,” he told commissioners while in town for interviews. “I think I’m built for handling tough issues. I’ve dealt with situations similar to what you have here that I know I can come in and help.”
Labadie said he became interested in the job after doing research and thought he could be a good match for the town.
“Also, the town manager position with Highland Beach aligns with my career goals, providing an opportunity for me to grow professionally and personally in a beautiful, premier southern Florida community,” he said.
Labadie was chosen from a list of finalists that included Mark Stivers, the deputy director of community sustainability for Lake Worth; Tom Bradford, former Palm Beach town manager; William Vance, former city manager of Pickerington, Ohio; and Kevin Abbate, director of parks and recreation for Martin County.
“Every single one of the candidates was terrific,” Riesa said. “They all had so much to offer. It was a difficult choice.”
The selection of Labadie came after a previous effort to find a candidate ended in commissioners firing their search firm, contending that the firm didn’t provide them with qualified finalists. Commissioners then sorted through a list of more than 70 people who applied for the job, choosing candidates they felt would better fit their needs.
Until Labadie starts work, Town Clerk Lanelda Gaskins will fill both roles.
The Highland Beach town manager position opened in May when commissioners fired Valerie Oakes with a 3-2 vote. Former Gulf Stream Town Manager Bill Thrasher served as interim town manager until his three-month contract expired Aug. 21.

By Steve Plunkett

Artists had just two weeks in August to fight for the honor of being chosen to paint one of up to 10 murals at Red Reef Park.
The city’s Art in Public Places advisory board is supervising the project, its first, and planned to pick the winners Sept. 5.
“The preferred artist(s) will have an extensive background in street art with proven results in public spaces, civic and community engagement to create innovative temporary public art project(s),” the advisory board said in its Aug. 16 Call to Artists.
Boca Raton City Council member Andrea O’Rourke secured $40,000 for the effort, half from the City Council and half from the Greater Boca Raton Beach & Park District.
“Artists are not going to make a fortune painting murals in Boca at this time,” she said at the council’s Aug. 20 workshop meeting. “But we’re looking at this as something to enrich the community, and hopefully the artists see that as an advantage for them.”
The call to artists carried an Aug. 31 deadline. Muralists were asked to provide a statement describing “the conceptual basis for your practice and approach” and a proposed concept that is “developed enough to provide clear understanding of the purpose, content and media of the mural and its relationship to Gumbo Limbo Nature Center, Red Reef Park West and the surrounding beaches and coastal area.”
They also had to submit a résumé and up to 10 examples of completed artwork or projects.
“This visual arts initiative not only beautifies our city but showcases artistic talent from our community and beyond,” said Ruby Childers, the city’s downtown manager and liaison to the advisory board.
The murals will be painted around a maintenance yard in the golf course’s parking lot that borders the southern path to Gumbo Limbo.
“We identified some walls in the maintenance area that are just canvas just begging for some attention,” O’Rourke said.
The plan is to reveal the finished murals Oct. 20, the same day the volunteer Friends of Gumbo Limbo holds a fundraiser at the nature center.

By Steve Plunkett

The city’s Marine Patrol will spend $224,000 for a 30-foot Intrepid model 300 boat and trailer with twin 250-horsepower Yamaha outboards.
Dania Beach-based Intrepid Southeast Inc. will get $186,990 for the center console boat and trailer and to install the motors and police siren, lights and other accessories. Boca Raton will buy the two Yahama engines for $37,403 via a state contract.
Intrepid prides itself on building boats “the way they should be made,” one at a time, its website says. The manufacturing plant is on the other side of Florida, in Largo.
No date has been set for delivery, Police Department spokesman Mark Economou said.
“The new boat will go into service once purchase is approved, it’s purchased, motors are installed, it’s logo’d and emergency radios and lights installed,” he said.
The City Council approved the boat expenditure Aug. 21. Council members also renewed a contract with Palm Beach County to provide more waterway patrols during manatee season, Nov. 15 to March 31. The county will pay $17,000 for the increased manatee protection.
The Intrepid is replacing an older, identical vessel. Boca Raton has its Marine Patrol boats on a 10-year replacement cycle, Economou said.
The Police Department has three Marine Patrol officers, and each operates his or her own boat.
“They are out mostly day hours, but their shifts vary by day of the week depending on season and how busy it is on the waters,” Economou said.
Boca Raton will hold an online auction for its used Intrepid, city spokeswoman Chrissy Gibson said.

By Rich Pollack

Residents in Highland Beach could soon be paying more in property taxes as town leaders, faced with increasing fire service costs, have tentatively agreed to a slight increase in the town’s operating tax rate.
During budget meetings last month, commissioners set the operating tax rate for the 2018-2019 fiscal year at $3.12 per $1,000 of assessed property value.
That’s slightly higher than the current rate of $3.07 per $1,000 of assessed property value, and marks the first time in four years the tax rate would not drop.
The increase is needed because of a significant increase in the fee Highland Beach pays Delray Beach for fire service, according to commissioners.
Highland Beach has budgeted $4.28 million to pay for fire service from Delray Beach plus maintenance costs next fiscal year. The fire service cost jumped to about $4.22 million, up roughly 8.6 percent from this year.
“This number is out of control and it’s affecting the millage rate,” said Vice Mayor Alysen Africano Nila.
In addition, the town’s Police Department budget for 2018-2019 will increase from $2.45 million to $2.54 million, making public safety account for just more than 56 percent of the town’s overall $12.1 million proposed budget.
The proposed budget also includes funding for a new position, an assistant town manager/public information director, with a salary between $51,780 and $82,848.
Also in the proposed budget is $100,000 for an environmental consultant and an additional $60,000 for legal fees, bringing the total budget for outside legal assistance to $200,000.
To help keep from raising the tax rate even higher, commissioners agreed to take about $571,000 from their reserve fund, leaving about $4.5 million for emergency situations.
Mayor Carl Feldman said he didn’t think it was wise to whittle away at reserves.
“I’m not in agreement with robbing Peter to pay Paul,” he said.
Commissioner Elyse Riesa said she thinks it is better to use reserves than to put a heavier burden on taxpayers.
“If we have to raise our millage rate, let’s do it a little at a time,” she said.
The Town Commission will hold special meetings this month, each with a public hearing on the budget. The public hearings, held in accordance with state law, will be Sept. 6 at 5:01 p.m.
The final meeting on the tax rate will be held on a date to be determined.

By Steve Plunkett

Work to rebuild the hugely popular observation tower at the Gumbo Limbo Nature Center, which has been missing in action since early 2015, should begin in September.
The new tower will be constructed with composite wood decking, rather than natural timber, but otherwise will be a replica of the 40-foot original.
Fort Pierce-based Custom Marine Construction Inc. won the $1.1 million project, which includes demolishing and rebuilding the south loop of the nature center’s boardwalk.
Environmental concerns led to a rerouting of the boardwalk so it will not intrude into the mangroves on the east bank of the Intracoastal Waterway.
“It skims the area without actually going into it,” Gumbo Limbo manager Leanne Welch said, adding that the existing loop never received environmental permits.
“I think one of the big questions I’ve heard is, ‘Where’s the tower? When is it coming back?’ ” said Robert Rollins, chairman of the Greater Boca Raton Beach & Park District, which will reimburse the city for the expense.
The entire boardwalk and the observation tower were closed to the public in February 2015 after engineers warned they were near collapse. District and city officials dithered for months over who would supervise the project, with the district finally keeping control.
Work on the first phase of the boardwalk started in May 2016 and was finished the following December. It cost almost $631,000.
While construction was underway, the city decided it would oversee rebuilding the tower and the second phase of the boardwalk. It hired a different consultant, had new plans drawn up and received bids on the project last May.
The city owns Red Reef Park, which includes the nature center; the Beach & Park District reimbursed the city for its purchase of the land and pays for all operations and capital improvements there.

By Rich Pollack

HIGHLAND BEACH — For almost 20 years until his retirement in 2017, the Rev. Gerald Grace presided over the congregation at St. Lucy Catholic Church in Highland Beach as its pastor.
A native of Ireland who served the Catholic community in South Florida for more than half a century — first in Miami and then in Palm Beach County — Father Grace died Aug. 10. He was 79.
“Father Grace lived up to his last name, and offered compassion, wisdom and guidance,” said Peggy Gossett-Seidman, a longtime parishioner and now a Highland Beach town commissioner. “He was soft-spoken, moved about lightly and was always willing to administer to sick and troubled residents throughout the town, even if they weren’t Catholic.”
Born in County Limerick, Ireland, Father Grace had several brothers, including a twin, according to Gossett-Seidman. After arriving in South Florida, he first served in the Archdiocese of Miami and later moved to the Archdiocese of Palm Beach soon after it was created in 1984.
Father Grace served as a teacher at St. Vincent de Paul Regional Seminary prior to being assigned to St. Lucy Catholic Church in 1998. He remained the church’s popular pastor until his retirement last year, when he became pastor emeritus.
“Father Grace was a unique priest,” said the Rev. D. Brian Horgan, St. Lucy’s current pastor. “His commitment to teaching never ended, and he was perhaps one of the most emerging theologians of his time, influencing the many priests, throughout the state of Florida, while he taught at the seminary.”
Horgan first met Father Grace when he was assigned to St. Lucy in 2013.
“I witnessed a man who remained faithful to his calling as a priest of Jesus Christ,” Horgan said. “He was a man who could laugh at himself, one who could make others laugh, and perhaps most importantly he was a man of principle and loyalty.”
Both Horgan and Gossett-Seidman remember Father Grace as a community leader who was always available to lend a gentle and helping hand.
“What has struck me the most about him was the fact that he was quick to forgive, generous to so many people and was always ready to go, day or night, to help people,” Horgan said.
Gossett-Seidman remembers one incident in particular that showed Father Grace’s kindness.
“In his finest hour, he once awakened at 4 a.m. to board an air ambulance helicopter and travel to a Miami hospital with a couple whose son was just born with a malformed heart,” she said. “That boy is now 20 and attended Father Grace’s funeral.”
The funeral Mass for Father Grace, held Aug. 14, was attended by more than 100 priests and clergy members, including Palm Beach Diocese Bishop Gerald Barbarito and Diocese of Orlando Bishop John Noonan. 
“Father Grace will be missed from the church of South Florida but will always be remembered as an architect of its success,” Horgan said.
Father Grace is survived by his brother and sister-in-law Edmond and Philomena Grace; his sister-in-law Anne Grace; and two nephews, Gerry and Micheál.

By Rich Pollack

Loud, sometimes accusatory tirades from a former vice mayor have led Highland Beach town commissioners to adopt policies that some say make it more difficult for residents to speak before their elected officials.
Since losing his bid for re-election in March, former Vice Mayor Bill Weitz has been appearing at Town Commission meetings and using the allotted five minutes per person for public comment to lash out against commissioners. After speaking, Weitz immediately leaves the meeting.
Hoping to muzzle Weitz, commissioners last month voted 3-2 to reduce the time residents have to speak before the commission from five minutes to three minutes. In addition, commissioners moved the public comments from the beginning of the meeting toward the end and limited comments only to agenda items during workshop meetings.
Recent commission meetings have run as long as five hours, with few if any residents staying until the meetings are adjourned.
For his part, Weitz thinks moving public comment to the end of the meeting and reducing the time to speak is “clearly an attempt to limit free speech.”
“The mantra of four members of the commission has always been to emphasize open and public comment and to increase transparency with residents,” he said. “Since they have become the majority, the policies they’ve implemented have allowed them to conduct business without any public input or scrutiny.”
The decision to scale back public comments has drawn push-back from some residents, who say the commission is overreacting to one resident’s behavior.
“This is the only time we in the public have an opportunity to express to you, our governing body, our opinions, ideas and desires,” John Boden, who attends most meetings, told commissioners. “Short-term issues that may be occurring should not determine the long-term policy of this commission.”
Boden said he understands the commission’s frustration with Weitz’s outbursts but doesn’t think other residents should have their comments restricted because of the actions of one individual.
“A minor issue with a verbose citizen should not change the entire procedure,” Boden said.
Some commissioners, however, think it is Weitz’s behavior that is limiting the opportunity for people to speak before the commission.
“People won’t come to commission meetings because they’re afraid,” Commissioner Rhoda Zelniker said. “I have people asking me why we don’t have metal detectors.”
Commissioner Elyse Riesa, who along with Mayor Carl Feldman voted against the changes, said she thinks all residents should have the opportunity to share their views with their elected officials. Others say there is still an opportunity at all commission meetings for public comment.
“No one is taking away their right to speak,” said Vice Mayor Alysen Africano Nila.
Feldman countered, however, saying that moving comments to the end of long meetings will in essence have that effect.
“Public comment at the end of the meeting is going to eliminate any comment,” he said.
During discussions of bringing decorum back to commission meetings, commissioners said one reason changes were needed was to bring the town’s policies in line with those of other municipalities.
With the new time limit, Highland Beach joins most other communities in south Palm Beach County that have a three-minute cap on public comments. However, an informal check by The Coastal Star shows that five of eight local municipalities — including small towns and larger cities — allow public comment at the beginning of meetings.
Most of the communities, especially the small towns, also allow public comment during discussion of specific agenda items, something that Highland Beach does not do.
Both Boden and Weitz said they are concerned about the commission limiting public comment only to agenda items during workshop meetings.
Weitz says that would give residents only one opportunity a month — at regular commission meetings — to bring issues or comments to the public forum.
“Now they want to tell the public what they can and can’t talk about,” he said.
Commissioner Peggy Gossett-Seidman, who voted for the changes, said she is watching to see whether the changes result in a return to civility at the meetings.
“This is an attempt to better serve the public,” she said. “If it doesn’t, the issue could be revisited.”

How others handle public comment

Ocean Ridge: The public can speak during general public comment for three minutes at the beginning of the meeting and again on issues prior to a vote.
Briny Breezes: The public can speak during general public comment for three minutes at the end of the meeting and is allowed to comment before votes and on multiple agenda items.
Manalapan: The public can speak during general public comment for three minutes toward the end of the meeting, but will be allowed to speak at the beginning if there is a big turnout. The public is also allowed to comment on agenda items as they arise.
South Palm Beach: The public can speak during general public comment for three minutes at the end of the meeting, and public comment is always allowed before a vote.
Gulf Stream: The public can speak during general public comment for three minutes at the beginning of the meeting, and can comment during discussion of any issue.
Boca Raton: The public can speak during general public comment for five minutes toward the end of the meeting (but the vice mayor has asked to consider moving it closer to the beginning because people leave). The public is not allowed to comment during discussion of individual items except when public hearings open.
Delray Beach: The public can speak during general public comment at the beginning of the meeting for three minutes (or six minutes if representing a group with more than six members present). The public is not allowed to comment during discussion of individual items except when public hearings open.
Boynton Beach: The public can speak during general public comment for three minutes at the beginning of the meeting, and public comment of each agenda item is allowed prior to commission discussion.
— Rich Pollack

UPDATE: Judge finds corruption charges are 'sufficient'

By Mary Hladky

The Florida Commission on Ethics is investigating whether suspended Mayor Susan Haynie violated state ethics laws while she also is fighting criminal charges lodged by state prosecutors.
A state ethics probe was widely thought to be underway after Al Zucaro, a Haynie adversary, filed a complaint with the agency last year, alleging she failed to report income on financial disclosure forms required by the state, including payments from the city’s largest downtown commercial landowner who had matters coming before the Boca Raton City Council.
But the state ethics commission has not confirmed or denied the investigation under rules that don’t allow its officials to comment until a ruling is issued.
The investigation was confirmed by a confidential August letter from the commission to Zucaro, who was defeated in his second bid to become mayor by Scott Singer in the Aug. 28 special election.
Zucaro provided a copy of the letter to The Coastal Star.
The letter states that a private probable cause hearing will be held on Sept. 7 at the 1st District Court of Appeal in Tallahassee. No witnesses may be called and no new evidence introduced at the hearing, it states.
“The sole purpose of the probable cause hearing is to evaluate the results of the preliminary investigation,” the letter says. Zucaro, Haynie and their attorneys may attend the hearing.
Mark Herron, Haynie’s attorney on ethics matters, did not respond to a call and an email requesting comment.
“If [the hearing] actually takes place, my intention is to go,” Zucaro said in August.
A separate investigation by the Palm Beach County Commission on Ethics, which investigated Hayne for voting on matters that financially benefited downtown landowner James Batmasian, concluded with an April settlement. Haynie admitted to violating the county’s ethics code and agreed to pay a $500 fine for failing to disclose a conflict of interest. The commission dismissed a second allegation that Haynie misused her public office.
Zucaro, who was defeated by Haynie in his first Boca Raton mayoral bid last year, also filed a complaint with the county ethics commission. Mark Bannon, the ethics commission’s executive director, has said he did not act on the complaint because he received it after his office had launched an investigation.
The state ethics commission has the power to seek Haynie’s removal from office. Penalties it can impose range from a reprimand to a recommendation to the governor that an official be removed. The most common penalty is a fine of up to $10,000 per violation of ethics laws, said commission spokeswoman Kerrie Stillman. Gov. Rick Scott suspended Haynie from office three days after she was criminally charged, but she has not resigned.
Haynie was arrested on April 24 and released on bail. She is charged with four felonies and three misdemeanors, including official misconduct, perjury in an official proceeding, misuse of public office and failure to disclose voting conflict. She has pleaded not guilty and waived her right to a speedy trial.
Haynie, through her criminal defense attorney Bruce Zimet, has asked that the charges be dismissed. A hearing on the motion to dismiss is set to be heard on Sept. 11 before Circuit Judge Glenn Kelley.