The Coastal Star's Posts (5312)

Sort by

7960858287?profile=original

By Charles Elmore

An Ocean Ridge resident said he felt “outrage” after receiving a notice in February demanding $401.80 for a 2015 ticket generated by a red-light camera in Boynton Beach.
“Warning: Your license may be suspended,” the letter said.
Three or four years later? Better buckle up. Similar shocks potentially await thousands of drivers in the latest chapter of the off-again, on-again saga of red- light cameras.
Attorney Ted Hollander of the Ticket Clinic, which has an office in Boynton Beach, said he can understand why drivers might feel whipsawed.
“There’s been tons of confusion,” Hollander said. “It’s been a mess for 10 years.”
Nearly all participating cities in Palm Beach County turned the cameras off after lower-court action seemed to put their legality in question in recent years, but a Florida Supreme Court decision upheld the camera law last year. 
Alone among its county peers, Boynton Beach turned its cameras back on in 2017. 
Now a bulging backlog of more than 14,000 unpaid tickets across the county threatens consequences far tougher than an initial fine of $158 with no points on a driving slate, records requested by The Coastal Star show.

7960858083?profile=originalRed-light cameras like this one at Federal Highway and Southeast 23rd Avenue in Boynton Beach record images of vehicles and their rear license tags. The system automatically generates tickets. The city has a total of 15 cameras covering seven intersections. Jerry Lower/The Coastal Star


Some drivers say they don’t remember initial notices of violation. Others thought the tickets were no longer valid.
“The street talk was it’s not enforceable,” said Joe Bryan of Boynton Beach, who said he was not sure what to make of two tickets affecting his household from 2016. “That’s what I heard.”
He said he has mixed feelings about the devices: “I think cameras are great for crime and safety, but it’s almost like Big Brother stuff.”
A considerable mound of cases has piled up in the system while all of this played out.
Records provided by the Palm Beach County Clerk’s Office show more than 85,000 cases were referred to its office since 2010 involving more than $20 million in red-light camera fines that were not paid promptly in the local municipalities.
The clerk’s office has sent more than 25,000 cases to collection companies, which are allowed under state law to charge fees up to 40 percent on top of fines and other costs that ratchet up over time if tickets remain unpaid, records show.
If a payment has not been submitted within 30 days, the original municipal infraction will become a Red Light Traffic Citation with a higher fine, according to the clerk’s website. At that point, drivers might pay $264, or take their chances a court may assess a penalty up to $500, plus court costs of $106, the website says.
State law allows the office to send cases to collection, a clerk’s office spokeswoman said.
More than 14,000 tickets sent to the clerk’s office remained unpaid as of March, records show. Unpaid fees ranged as high as $574 in a 2016 case originating in Boynton Beach.
Adding to the confusion, drivers may remember headlines about court decisions along the way that ruled for or against the law or put enforcement of tickets on hold. There have been debates about whether cities would enforce slow-rolling right turns on red, for example. Cities wrestled with accident statistics at the camera intersections, parsing whether the cameras were reducing harm or increasing certain kinds of accidents such as rear-end collisions when camera-wary drivers slammed on the brakes.
In public meetings and water-cooler discussions, the debate raged about whether the cameras were a valuable deterrent against unsafe driving or a gotcha-government generator of revenue that cities and private camera vendors split. Many cities, from West Palm Beach to Boca Raton, stopped operating the cameras and never turned them back on.

7960858880?profile=originalAn Ocean Ridge resident thought the enforcement of tickets had been put on hold by the courts and later received this notice of license suspension. Photo provided

Meanwhile, thousands of citations went out to car owners in an atmosphere where many people were unsure about what would be enforced. Some were seasonal residents who had trouble keeping up with what the law was at any given moment.
So what can drivers do if an old ticket pops up? They should take it seriously, Hollander said.
One problem in fighting certain older tickets is that it can be difficult to persuade courts to order the cases out of collection, he said.
If that considerable hurdle can be overcome, tickets often can be reduced or thrown out, particularly those involving cities that no longer operate the cameras, he said. One practical reason is the cities may no longer assign specialized police staff to oversee red- light cameras, leaving no one experienced in the cases to show up in court to defend them, he said.
But Boynton Beach is different. After suspending cameras for nearly a year, its commission voted to turn them on again in September 2017. Red-light cameras were expected to bring in more than $800,000 annually at the time, published reports show.
Before a City Commission meeting in April, Mayor Steven Grant defended the cameras not because of revenue but public safety reasons that he said can extend beyond traffic issues to violent crimes, providing another eye on criminal suspects racing through the streets.
It’s “for safety,” Grant said. “There’s video evidence of someone running or not running a red light.”
Residents like Bryan are still trying to sort it out and reeling from “a lot of confusion out there.”

Read more…

Delray Beach: Beatles on the Beach

7960869492?profile=originalABOVE: The Edgar Winter Band performs during the International Beatles on the Beach Festival at Old School Square. Winter, 72, who has toured with Ringo Starr in recent years, performed Free Ride and Frankenstein. Other singers and bands did Beatles music as well as selections influenced by the Beatles. BELOW: Dave Harris, center with his hands in the air, visited from Detroit and watched Winter perform on April 26. Photos by Tim Stepien/The Coastal Star

7960869659?profile=original

Read more…

Collecting plastic in trek around state,
former lifeguard says recycling is not enough

7960868482?profile=originalABOVE: Bryan Galvin and Heather Bolint walk the St. Andrews Club beach in Gulf Stream last month as they pick up and photograph plastic and other trash on a three-month, 1,200-mile trek covering the entire Florida coastline. BELOW: The trekkers wear their message on their backs. Photos by Tim Stepien/The Coastal Star7960868680?profile=original

By Ron Hayes

For four years, Bryan Galvin sat on the beach behind the St. Andrews Club in Gulf Stream, ready to rescue exhausted swimmers from unexpected riptides.
Galvin, 28, quit that lifeguard job in February, and on the morning of March 1 he started walking south from Amelia Island, near the Georgia line, on a 1,200-mile mission to rescue the beaches.
“This isn’t a beach cleanup,” he wants you to know. “It’s an awareness trek.”
PlasTrek 2019, he calls it.
Galvin and his fellow traveler, Heather Bolint, 32, are trekking the perimeter of mainland Florida, picking up as much plastic flotsam and jetsam as they can carry along the way.
On that first morning, they set forth in a blue Dodge Dakota with a canoe on the roof for paddling across inlets, 150 burlap bags and a smartphone to photograph plastic and other debris they salvaged from the sand.
Balloons, coffee cup lids, lollipop sticks — they’d snap a photo, drop the trash in the burlap bag and move on.
“If we find dog poop, we try to find the nearest trash can,” Galvin says. “Same with diapers. Condoms, we’re not going to touch them.”
They walk until sunset, store the day’s burlap gatherings in the dunes, then hitch a ride back to retrieve their truck and retrace the day’s trek to gather the full bags and find a place to spend the night before setting out again the next morning.
“We’re not sleeping on the beach,” Galvin notes. “We sleep in campgrounds or with local families. So far it’s been about 50 percent in motels and 50 percent families.”
Their original plan was to complete the 1,200 miles in 10 weeks and arrive in Pensacola by mid-June, then bring the burlap bags together for one final, giant photo of all the plastic they’d gathered along the way.
On Wednesday morning, April 3, they finally reached Gulfstream Park. This was day 34.
“We’re a week behind our original schedule,” Galvin said as he and Bolint rested on one of the picnic benches. “Now I don’t think we’ll be there before the end of June.”
Walking all day in the hot sun, bending down, photographing, lugging those bags then rushing to be back where you started by sunset to get your truck before the public parks close — and all to remind people not to litter?
“This isn’t litter,” Galvin says, perhaps a little offended by the word. “I felt people didn’t really understand, so I came up with the term ‘oceanic plastic discharge.’ This isn’t just beachgoers leaving stuff. It’s washing in on the beach.”
True, some of it’s litter, but he and Bolint are also finding vinegar containers from the Dominican Republic, Clorox bottles and Haitian water bags. The bags, small plastic pouches containing about 9 ounces of water, are plentiful throughout the island, where finding safe drinking water is a challenge.
“Most are from Cuba, the Bahamas, the Dominican Republic and Haiti,” Galvin says. “They pile their garbage on the beaches and they get washed out and wind up here.
“If the county told Palm Beach, ‘we’re not picking up your garbage anymore,’ what would happen?”
He gestures at his own plastic sunglasses. His argument is not with sunglasses, but with plastic products that are used once and discarded.
“This is about single-use plastics,” he says. “Aluminum cans are better, because aluminum has value. But plastic is cheaper, so it gets thrown away. Don’t just recycle. Reduce, refuse, rethink.”
So far, he estimates, they’ve tagged and collected enough plastic to fill about 80 of their 150 bags. They’re going to need more bags, and more time.

7960868876?profile=originalBryan Galvin and Heather Bolint ran into old friends and acquaintances when they passed the St. Andrews Club, including club member Merritt Swenson (center). Galvin used to be a lifeguard and teach kids to surf in the area.


Most people are friendly and supportive, Bolint says. “People clap and say thank you.”
But this beach trek is no day at the beach.
They’ve each suffered a broken toe, and sometimes they’re their own worst company.
“Do we fight?” she says. “Oh, yeah. Traveling 24/7 with someone is challenging both physically and mentally.”
“We take time to make sure we’re on the same page,” Galvin says.
“Today we’ll be happy if we make it to Spanish River Park in Boca,” he says, and checks his phone. That’s an 8.9-mile trek, and they need to get moving.
And so they set out, leaving the truck at Gulfstream Park and heading down the beach again.
But in front of the St. Andrews Club, right where he used to sit in a blue canvas beach chair guarding lives, old friends are waiting.
Gary Heiland and Michael Buller, lifeguards and former colleagues, come down to greet him and wish them well.
Kim Tiernan, a club member for five years, is thrilled.
“He’s very well-liked at the club,” she says, “and this is a great testament to how much he believes in what he’s doing. We need more awareness.”
Teggie Smith, another member, is equally thrilled to see their former lifeguard.
“My grandkids went to his surf camp,” she boasted, “and now they’re following him online. It’s teaching them about having a commitment to something not everybody pays attention to. It’s teaching them that if you feel strongly about something, do something about it.”
They chat for five or 10 minutes, and then Galvin and Bolint are off again.
Within yards of the club, they find a piece of plastic from a Haitian water bag, straws, a lollipop stick and a plastic cigar tip.
They didn’t make Spanish River Park that day. They got only as far as Atlantic Dunes Park in Delray Beach. The next day they reached the Boca Inlet, and the day after that the Hillsboro Inlet.
“Our daily average at this point is 10 miles a day,” he reported on April 10, as they neared the final, 5-mile trek along Miami Beach. “We started out averaging 15 to 20 miles a day, but after Sebastian Inlet the plastics multiplied.”
In Miami, they would rest for a day, then tackle the 100-mile paddle across to Everglades City and turn north toward the Gulf Coast.
“We only pick up about 10 percent of all we see,” Galvin says.
As of April 29, Galvin and Bolint were in Everglades City, resting after an eight-day canoe trip across the Everglades.
Now they head toward Marco Island, then Naples, and up the Gulf Coast.
If all goes well, they will reach Pensacola, and the 1,200th mile of their PlasTrek, by the end of June.

For more information, visit www.plasticsymptoms.org.

Read more…

7960865098?profile=originalBill Watson of Ocean Ridge and his Big Time Restaurant Group partners own City Oyster in Delray Beach among more than a dozen restaurants. Tim Stepien/The Coastal Star

By Rich Pollack

Bill Watson and his partners in the Big Time Restaurant Group understand what Delray Beach’s Crossroads Club means to the community.
They also understand what it means to chef and restaurateur Louie Bossi, whose restaurants are operated in partnership with the West Palm Beach-based group.
So, when Bossi came up with a fundraising idea for the Crossroads Club, a 7,200-square-foot facility that hosts dozens of meetings every week for organizations such as Alcoholics Anonymous, Narcotics Anonymous and Overeaters Anonymous, his partners were happy to lend a hand.
“Louie brought the idea to the team and we said ‘of course,’” said Watson, a founder and an owner of the Big Time Restaurant Group. He recently moved to Ocean Ridge. “We know it’s important to him and we knew it was important to the community.”
That conversation three years ago led to the creation of the Taste of Recovery, a culinary event in Delray Beach’s Old School Square with Bossi as an organizer and host. The event was so successful in raising money for Crossroads in its first two years that organizers have decided to do it again on June 1.
As it has in the past, Big Time Restaurant Group will be involved and so will Watson.
“If Bill sees a worthy cause, he’s 100 percent supportive of it and he gets people to join him,” says Tony Allerton, the longtime executive director of Crossroads. “Bill is dedicated to helping us.”
Chances are you’re not familiar with Watson’s name, even if you’re a regular at local restaurants. You might not have even heard of Big Time Restaurant Group.
If you’re in South Florida, however, you probably have been in one of the group’s multiple eateries, include Rocco’s Tacos & Tequila Bar, Louie Bossi’s, City Oyster & Sushi Bar, Big City Tavern and City Cellar Wine Bar & Grill.
Watson, who owns the restaurant chain with Todd Herbst and Lisabet Summa, is low-key and unassuming. He is easy to talk to — traits that helped him during his years as a server and bartender — and he has a firm grasp of the intricacies of the restaurant business.
From Long Island, Watson, 54, started out in the hospitality industry at 15, working as a pot-washer before becoming a busboy and eventually graduating to waiter and bartender.
After moving to Florida more than a quarter century ago, Watson earned a degree in business from Florida Atlantic University, all the while continuing to work in restaurants.
“Florida afforded me the opportunity to go to school and work at the same time so I could pay for school,” he said.
After graduating and finding restaurant jobs around the country, Watson returned to South Florida. He connected with Herbst — a childhood friend — and opened a first restaurant, John Bull English Pub in West Palm Beach. After meeting up with Summa, they formed Big Time Restaurant Group and opened Big City Tavern in downtown West Palm Beach.
Watson and his team now operate more than a dozen restaurants. He attributes their success to having employees who help create a culture focused on providing a quality experience for the customers.
“We have a fantastic group of people who allow us to do this,” he said. “It’s a great team and that’s the key to our success.”
As it has done with the Crossroads Club, Big Time Restaurant Group supports other nonprofit organizations that are important to the staff.
When one of the longtime team members discovered that a relative had juvenile diabetes, Big Time Restaurant Group stepped in with support.
The group also supports Rocco Mangel of Rocco’s Tacos, who was diagnosed with multiple sclerosis, when he participates in related fundraisers.
“We support many causes, we just happen to focus a little more when it hits close to home,” Watson said.
For Watson, the Taste of Recovery is a great event that will feature several of the group’s restaurants — along with several other restaurants — as they provide savory food and compete for prizes such as the People’s Choice award and Critics Choice award.
“It’s a lot of fun and we see a lot of people from the industry,” he said.
Agreeing three years ago to support Bossi’s idea for Taste of Recovery was an easy decision for Watson and the ownership team.
“If you have the capacity to help with a problem, you just do it,” he said.

If You Go
What: Third annual Taste of Recovery
When: 6-9 p.m. June 1
Where: Old School Square, 51 N. Swinton Ave., Delray Beach
Why: Benefiting the Crossroads Club
Tickets: $40 in advance, $50 at the event
Highlights: Restaurants serving savory bites and desserts, music from Dave Scott and the Reckless Shots, Vision of Hope Award presentation, chefs competing for Best Bite, Critics Choice and People’s Choice awards.
Tickets and information: Visit www.tasteofrecovery.com. Call Steve English at 450-7514.

Read more…

By Dan Moffett

As one, the eight police officers in South Palm Beach have come forward and asked the Town Council to allow their department to join forces with the Palm Beach County Sheriff’s Office.
Council members say they are surprised. And they are listening.
“As a town, we can’t be afraid to look into other options,” said Mayor Bonnie Fischer. “We can’t put blinders on.”
Councilman Mark Weissman said the town has an obligation to listen when an entire department comes forward and speaks with one voice.
“One hundred percent of the officers want this,” Weissman said. “This isn’t 30 percent or 50 percent — but 100 percent.”
The council unanimously voted on April 9 to invite both the Sheriff’s Office and the Lantana Police Department to make presentations about a possible takeover. Fischer said the presentations would be “educational” for the council and could be scheduled before summer.
Under state law, only contiguous jurisdictions can consider contracting for police services. For South Palm Beach, that means the sheriff, Lantana and the town of Palm Beach are the options.
Councilwoman Stella Gaddy Jordan insisted that the Lantana department be considered along with the sheriff so the town could compare proposals. Fischer and Vice Mayor Robert Gottlieb voted with Jordan to include Lantana.
By consensus, the council decided to exclude Palm Beach from consideration, citing recent media reports of turmoil within the department.
Councilman Bill LeRoy said contracting with another agency would allow the town to keep the officers it now has, a group residents have praised.
“We’re not trying to get rid of anybody,” LeRoy said. “They suggested this out of the blue to us. They want to go to the Sheriff’s Office. That’s what they want. They have a lot of advantages if they go. It’ll change their lives.”
The town’s police contract became an issue in recent weeks after Police Benevolent Association representatives released a survey of salaries in Palm Beach County that showed South Palm ranked last among 23 agencies, with a starting salary of $43,500 — well below Boca Raton’s $66,168 at the top of the list and the county’s average starting pay of $50,237.
Police salaries have risen sharply throughout South Florida in the aftermath of last year’s mass shooting at Parkland’s Marjory Stoneman Douglas High School. To beef up staffing, sheriff’s offices and school police departments have hired away officers from small municipalities, driving up pay scales across the board.

7960865475?profile=original

Weissman, a former longtime resident in Parkland who served on its City Commission, said South Palm Beach likely would have to stretch its budget to the breaking point to raise officers’ pay and maintain its own department.
“You’re talking about a $10,000 increase just to get us into the top pack of municipalities,” he said of the salary gap. “We can’t afford as a small town what can be provided by a larger operation. We could never afford it.”
Weissman and other council members worry about staffing problems that affect officer safety. With six road officers, a chief and a sergeant, the department sometimes has only one officer on duty during weekends and nights, with no backup.
Fischer said police work has grown more dangerous, even in small towns.
“It’s a different world out there — not like it was 20 years ago,” she said. “We have liability as a police department.”
In other business, the council voted 4-1 (with Jordan dissenting) to have earlier meeting hours for the summer. Starting on May 14 and continuing through September, the town’s regular meetings will be held the second Tuesday of each month, beginning at 6 p.m. Workshops are to be scheduled as needed at 4 p.m. before the regular meetings.

Read more…

Ah, April. Chamber of Commerce weather, fledgling screech owls in the yard and lingering twilights to enjoy with our neighbors — before the auto transports and seasonal residents bolt for the summer.
By now, most of them have returned to their northern homes and those of us who remain are charged with keeping a protective eye on our coastal paradise.
That means budget hearings! Yes, we need to drag ourselves to commission chambers and engage with issues that promise to affect our cities and towns for years to come.
And this summer, there is much to talk about.
Foremost is home rule — our municipalities’ ability to remain sovereign governing bodies with control over our future. The challenges to home rule are coming at us from all directions. The federal government is talking oil drilling off our coast, and the state legislature has tried to limit local control over vacation rental properties — among other things.
With hired lobbyists and organizations like the Florida League of Cities, we are able to track and fight myriad legislative efforts intending to erode our independence.
But there is a subtler threat that must be monitored: our own ignorance.
Did you know there is talk in our coastal towns about converting private septic systems to sewer? Did you know that commissioners in some towns have bought into the larger-city sales pitch concerning cost savings if they’ll just turn over all those aging water pipes to them? If we want to pursue our governmental independence, why would we ever do that?
If all of our infrastructure is owned by the larger city next door, why not just annex? Our small towns already contract for fire-rescue — and are held to their response times and annual cost increases.
We know the bigger cities would like to have our tax base, so it’s not hard to imagine, say, Boynton Beach’s height and density guidelines implemented on the barrier island in the future. That should keep you awake at night.
Some of our small towns are even talking about trading their local police forces for larger public safety organizations that say they can provide services for less money. Don’t be fooled. There is always a cost.
The largest portion of that cost is the lack of local control. Have you ever tried to get information from the Palm Beach County Sheriff’s Office? Good luck. Hope you have an attorney. Or how about depending on Boynton Beach to get the sewer lift stations operating when the power goes out after a storm? Think our island homes are going to be a priority with thousands of people in dark towers just across the bridge? I doubt it.
Same goes for police protection. Large agencies are going to respond where there is the greatest need after a storm — and that’s not likely to be our coastal towns.
There are other big-ticket items to be discussed over the summer concerning rising waters and infrastructure. Not sexy stuff, but if you want to continue living in communities with some semblance of home rule, I’d suggest you attend town meetings.
We’ll be there. Hope to see you.

Mary Kate Leming,
Editor

Read more…

I moved to Ocean Boulevard in Delray Beach in February 2000. Back then the water was a beautiful Bahamian aqua blue, crystal clear much of the time.
I am not sure which year, but Delray Beach “replenished” its beach, starting 11/2 miles north of our beach. After the first season, the sand that was used for replenishment, which was light brown, moved south and completely changed our water color. There was some silt from this brown sand, but not too bad, as the water would clean in a day or so, after a storm. But the frequent aqua blue was gone. 
Now, some years later, Delray again replenishes and this time with gray sand loaded with silt. Today the water is never as clear as before the first replenishment.
I now live in Highland Beach and we have both Delray’s two shades of sand and silt, plus with the southeast wind that prevails here, we have all Boca’s sand and silt, also!
Bottom line, what that ship [“Unusual ship is surveying sand on ocean floor for future projects,” Coastal Star, April 2019] should have been looking for was some sand that matched the white, pure sand that we had in 2000.
No more off-color sand that contains silt. Tallahassee does not care, so we have to require the use of sand that will return our water to aqua blue and crystal clear.
It’s out there, we just need someone who cares about the people’s environment.
This off-color sand and too often murky water is not good for tourism.

Fred Taubert
Highland Beach 

Read more…

Contrary to Richard Lucibella’s angry advertisement in The Coastal Star, this paper has been the voice of the people and represents nearly all of the Ocean Ridge residents. As always, The Coastal Star got the story right, reporting that attorney Richard Slinkman characterized Lucibella as “a sad, little, entitled man who feels that, because he is wealthy, he is above the law and doesn’t need to take responsibility for his own improper actions.”
The quote captures this story in a nutshell.
Good reporting, no malarkey.
Terry Brown
Ocean Ridge

Read more…

By Dan Moffett

Ocean Ridge commissioners went to a goal-setting workshop thinking their biggest challenge was rebuilding the town’s drainage and wastewater systems.
Then Police Chief Hal Hutchins told them how desperately relations between his officers and residents need rebuilding.
“Right now, unfortunately we’re at a breaking point and I need to come up with a solution to fix the problem,” Hutchins said.
The chief asked the commission to spend about $20,000 to equip his officers with body cameras so their encounters with residents can be recorded.
“There is an air of distrust of the police in the town of Ocean Ridge,” he said during the April 18 workshop. “I continue to hear that. I have been receiving complaints against officers from members of the community that I believe are probably directed at a specific group of officers, for whatever reason.”
Hutchins said he polled his officers and they unanimously supported getting body cameras. He told the commission he “never felt that it is more necessary than now” to use the recording devices.
“I would say the officers are not feeling well and safe in their job,” the chief said.
Mayor Steve Coz and Vice Mayor Don MaGruder echoed the same response to Hutchins’ request: “It’s disturbing.”
Commissioner Kristine de Haseth said giving police the cameras was a way of giving “a vote of confidence” to the department.
“I want that message to be very loud and clear,” de Haseth said. “Because the small faction in this town that is being divisive and disruptive is shameful and I’m embarrassed by it and it should not be affecting morale.”
Relations between residents and police have been strained since October 2016, when Ocean Ridge police arrested former Vice Mayor Richard Lucibella at his home after a shooting incident. Lucibella accused the arresting officers of overreacting.
On Feb. 1, a six-person jury found Lucibella guilty of a lesser charge of misdemeanor battery but cleared him on felony charges of resisting arrest with violence and battery on a law enforcement officer. Lucibella is appealing the misdemeanor conviction. One of the arresting officers, Nubia Plesnik, is suing Lucibella in civil court, accusing him of battery and claiming injuries.
Commissioners agreed to put Hutchins’ request for cameras in the 2019-20 budget discussions. Coz said the commission also “should discuss some form of communication” with residents to improve relations with police.
In other business:
• The commission unanimously agreed to raise acting Town Manager Tracey Stevens’ salary to $108,000 and building official Wayne Cameron’s to $91,000, effective immediately. Commissioners also approved an immediate $6,500 raise for each of the town’s two police lieutenants and approved a raise for their lead full-time maintenance employee to $51,000.
• Stevens said the town expects to have about $600,000 in uncommitted funds for the next fiscal year that could go toward capital projects.
Town Engineer Lisa Tropepe gave the commission a list of 22 possible storm drainage projects to consider, totaling about $180,000. Among the highest priority are improvements to Spanish River Drive and the Inlet Cay neighborhoods.
“We’ve decided we’re going to put a lot of money toward drainage,” Coz said.
Tropepe also recommended beginning a maintenance program for the town’s 143 fire hydrants.
• MaGruder proposed paying $22,246 — Ocean Ridge’s share of a vulnerability assessment study — to the Southeast Florida Regional Climate Change Compact. The study results would help the town develop a long-term plan to defend itself against sea rise, he said.

Read more…

7960864067?profile=originalABOVE: Boat owners at the Delray Beach Municipal Marina’s 24 slips were supposed to have moved their boats by May 1 to make way for renovations to the marina. BELOW LEFT: Marty Shapiro lives with his dog, Kosmos, on a trawler named Valkyries. BELOW RIGHT: Carlos Nin with his 50-foot Riviera powerboat. Photos by Tim Stepien/The Coastal Star

7960863897?profile=original7960864860?profile=original

By Willie Howard

Boat owners were making plans to leave the Delray Beach Municipal Marina in mid-April as the city prepared the aging marina for a yearlong renovation that will include raising the sea wall to alleviate tidal flooding on Marine Way.
The city told owners of boats moored in the marina’s 24 slips to leave by May 1, even though the start date for construction remained uncertain.
As of mid-April, the city was reviewing bids and negotiating with contractors for the job, according to Tom Mueller, project manager for the Wantman Group, an engineering firm that designed the marina renovations. Permits for the work are in hand, Mueller said.
The marina overhaul means boat owners must find new homes for their vessels, and in some cases themselves, for at least a year.
Bill and Prudence Bains have lived on their 39-foot Carver at the city marina for eight years. They plan to have their boat hauled out for service at Murrelle Marine in Lantana, then head north to visit relatives in Rhode Island.
Bill Bains said he and his wife hope to move their boat back into a slip at the city marina after the renovation is complete. “Delray’s a nice town,” Bains said.
Carlos Nin, who lives in Delray Beach and enjoys spending weekends on his 50-foot Riviera powerboat at the marina, said he would move his boat east across the Intracoastal Waterway to the Delray Beach Yacht Club, but not until the May 1 deadline.
Nin said many other tenants at the city marina plan to move their boats to Suntex Marina in Lantana.
Marty Shapiro, who lives on a trawler named Valkyries at the marina with his dog, Kosmo, is using the marina renovation as an opportunity to feed his wanderlust.
Shapiro plans to take his boat to the Turks and Caicos Islands north of the Dominican Republic after spending a few months preparing for the journey at Suntex Marina.
Like Bains, Shapiro hopes to return to the city marina after renovations are complete — but only if the city doesn’t raise his rent too much beyond the current monthly rates: $22 a foot for a regular slip or $23 a foot for one of the eight live-aboard slips.
The city has not yet set prices for slips after the renovated marina reopens, said Delray Beach Parks and Recreation Director Sam Metott, whose department operates the marina.
Opened more than 80 years ago, the city marina has deteriorated in recent years, according to a summary of the marina renovation plans on the city’s website.
Pilings supporting the 704-foot sea wall and 10 finger piers have been compromised — problems compounded by exceptionally high tides in recent years have created an “aggressive saltwater environment” in which water rises over the top of the sea wall and waves from passing boats roll onto Marine Way.
Mueller said the marina’s rebuilt sea wall will be about 2 feet higher than the existing sea wall and will be comparable to the newly elevated sea wall at nearby Veterans Park.
In addition to the higher sea wall, the marina renovation will include new floating docks, new electric service for boats, new lighting, new landscaping, wireless internet service for boaters and a new sewage pump-out station near the center of the marina.
“It can only add to the value of the whole city,” said Earle Myers, a Delray Beach resident who enjoys walking on Marine Way by the marina. “Who comes to Delray and doesn’t walk along the Intracoastal?”

Read more…

By Jane Smith

Delray Beach’s outside counsel responded to fired City Manager Mark Lauzier’s demand for $500,000 in severance and damages with an April 15 letter that read: “Mr. Lauzier’s claims are wholly without merit.”
Even so, the letter gave him an opportunity to clear his name before the City Commission. As of press time, he had not responded.
7960866476?profile=originalLauzier, who was fired unanimously by city commissioners on March 1, had attorney Isidro Garcia of West Palm Beach send an April 5 letter to Mayor Shelly Petrolia.
The letter alleges that Lauzier was fired during a “sham hearing” that was not properly noticed, was based on a “fraudulent audit” and that his rights were violated.
The letter also said the firing might have been done in retaliation for Lauzier’s disallowing the city to pay for the airline ticket of Petrolia’s son to accompany her to Tallahassee.
Lauzier is seeking a total of $500,000, including $279,200 of benefits consisting of 20 weeks of pay at his last salary, COBRA health insurance payments for one year, and earned leave, sick and vacation days.
The Lauzier letter alleged that the March 1 meeting was not properly noticed. The City Charter requires a 72-hour notice period from the time the meeting is called and the vote to terminate.
City Attorney Lynn Gelin delayed the start of the March 1 meeting by 15 minutes to satisfy the 72-hour requirement.
The audit was a report made by the city’s new internal auditor, Julia Davidyan. Voters approved the auditor’s position in March 2016, but she was not hired until August 2018.
In February, she wrote “Concerns at the Top,” a report documenting several concerns about Lauzier that she had observed.
Davidyan presented her findings to city commissioners individually and to the City Commission on March 1, consistent with the City Charter, attorney Brett Schneider wrote to Garcia.
Schneider’s response also states that Lauzier’s rights were not violated under the 14th Amendment because he was given sufficient opportunity to clear his name at the March 1 meeting. Schneider also said the city is willing to allow Lauzier to appear before the commission for “the specific purpose of clearing his name.”
As to the whistleblower charge, Schneider wrote: “Mayor Petrolia was specifically told that she could purchase tickets and other items for her husband/son using the city’s credit card, provided she reimbursed the city for said charges (which she did).”
Petrolia traveled to Tallahassee for Palm Beach County Days on March 5 and 6, the opening days of the Florida legislative session. Her 15-year-old son, Anthony, accompanied her because he was going to be a legislative page for that opening week. Her husband also is named Anthony.
Despite the city’s position that Lauzier was not wrongfully terminated, Schneider also wrote that the city is willing to participate in pre-lawsuit mediation with Lauzier.
Delray Beach is suggesting that professional employment mediator Jeff Grubman or Robyn Hankins lead the mediation effort, Schneider wrote.
Lauzier made $244,000 annually as the city manager. He was Delray Beach’s highest-paid employee.
In another Lauzier-related situation, city staff met with India Adams, fired from her position as assistant city manager in early March.
Adams has hired attorney Carrie Robinson of Boca Raton to ask for 90 days’ severance pay as well as payment for her unused vacation and sick time. Adams was an assistant city manager whom Lauzier recruited from his former office in Tacoma, Wash.
The city’s outside counsel sent an April 23 letter to Adams’ attorney stating the city’s position that Adams “was terminated for official misconduct and/or for reasons that make severance pay unavailable.”
Reasons cited include: falsifying a salary memo for Vince Roberts in order to receive authorization to pay him significantly more than the minimum pay for that position; abusing her leave privilege by taking at least 80 hours off without using her accrued leave hours, and influencing the assistant director of the Neighborhood and Community Services Department to hire her brother for a paid summer internship.
Even so, the city is willing to negotiate a severance settlement that is mutually agreeable, according to the letter.
When Adams first came to the city in January 2018, she was an assistant to the city manager. Her salary was $82,350, plus benefits. On Aug. 1, Lauzier promoted Adams to be assistant city manager, raising her salary to $120,000.

Read more…

7960866254?profile=originalA building code change approved by the Manalapan Commission could allow three single-family homes to be built on the first eastern lots north of the Boynton Inlet. Rendering provided

By Dan Moffett

Manalapan commissioners took a first step toward opening development on the town’s southern oceanfront by approving building code changes that would allow primary residences east of State Road A1A.
The code changes have a narrow impact, affecting only seven lots, divided by the highway, and adjacent to the town’s entrance at the Boynton Beach Inlet. Palm Beach developer Jeff Greene owns three of the lots and wants to use them to build homes along the ocean.
Manalapan’s traditional building pattern in that zoning sector has allowed primary residences on the Intracoastal side of A1A, and only beach houses, cabanas and decks on the east. The new building rules commissioners approved for setbacks and lot coverage reverse that existing pattern.
Greene and other property owners had argued that most of their land mass was along the ocean, so it made no sense to force home construction on slivers of lots along the west side of the highway. The town’s zoning board agreed.
The commission voted 4-1 for the changes during the town meeting on April 23, with Commissioner Hank Siemon absent and Mayor Pro Tem Jack Doyle voting no. Doyle had voiced concern about potential storm damage. The state does not allow construction of sea walls in that part of town, so sand dunes will provide the only protection for houses and the road.
The last word on what development will look like in the area will come from the state. The Department of Environmental Protection must approve the final building plans of projects, and construction could be many months away.
“At the end of the day, our job is to represent the community of homeowners and properties and protect the town,” Mayor Keith Waters said. “We are doing that. I think this is something that will be good for the town and certainly good for the homeowners. I don’t see any negative effects.”
Waters said because of the lots’ history and location, plans to develop them are likely to undergo “greater scrutiny” than with parcels elsewhere in the town. He said the commission intends to make sure that construction “is in keeping with the character of this community.”

Building buy a no-go
In other business, Town Manager Linda Stumpf told the commission that efforts to negotiate a deal to buy the vacant bank building at Plaza del Mar have failed.
Stumpf said a New York-based buyer has offered the full $1.6 million asking price for the former BB&T building — a number that’s higher than the town is willing to go.
Commissioners had hoped to buy the property and use it as headquarters for Manalapan’s expanding Police Department.
“There were two offers on the table, and theirs was substantially higher than ours, with no contingencies,” Stumpf said. “The price was well above our appraisal.”
The sale was expected to close before May 1, and the new owner will inherit at least two potential complications.
Because decades ago a service station operated on the site, there may be environmental contamination problems from buried fuel tanks. Also, last year the town placed a moratorium on business development at the plaza. No work can go forward on the property until the commission lifts the moratorium.

Read more…

By Jane Smith

MBR Construction won the bid to construct the second phase of the master beach plan for Delray Beach.
That phase includes beach promenade lighting and intersection improvements between Casuarina Road north to nearly George Bush Boulevard. The project is supposed to be finished in seven months.
Commissioners approved the Fort Lauderdale firm’s bid on April 16, even though at $3.3 million it was about $800,000 more than the bid from West Construction of Lantana.
The reason?
On April 3, West Construction was sent a “non-responsible letter” by Jennifer Alvarez, the city’s purchasing director.
The letter listed three major problems with the first phase of the NE Second Avenue project:
• Construction was completed six months behind schedule with numerous change orders.
• Sidewalks were not wheelchair-accessible under federal guidelines.
• Paperwork was not produced to close out the project with the city and the Florida Department of Transportation. FDOT owns State Road A1A, which lies just west of the municipal beach.
West Construction also was the successful bidder on the city’s eight lifeguard stands. That contract also had problems, Alvarez wrote:
• Construction was completed three months behind schedule with numerous change orders.
• Problems were found, including the installation of non-specified stainless-steel hardware when the contract specified 316 grade stainless steel, and roofs were not installed to the specification within the scheduled time.
“Therefore, West Construction Inc. is deemed ineligible for award,” Alvarez wrote.
The second phase of the beach master plan was on the April 16 consent agenda, meaning it was not discussed before the commission voted on all the consent agenda items.
Also on the April 16 consent agenda, commissioners approved hiring Mathews Consulting of West Palm Beach for $256,000 to monitor and inspect the work of MBR for the second phase of the beach master plan.

Read more…

By Dan Moffett

Briny Breezes council members are considering hiring a private security firm to work with police as the town prepares to seek applicants for a new law enforcement contract.
Briny’s contract with Boynton Beach police expires on Oct. 1, and Town Manager Dale Sugerman told the council he hopes to advertise for bidders on a new deal this month.
Alderwoman Kathy Gross said the council should explore hiring private security guards to improve the town’s policing and maybe save money.
“Looking at what we have that happens here in Briny, I don’t see why we actually pay this much money for law enforcement to come around occasionally and not be here all the time,” Gross said. “So they can’t even see the things going on.”
Gross said Briny has problems with nonresidents parking in private driveways and using the swimming pool. Whereas police are reluctant or unable to deal with some of those annoying issues, private security guards might be more effective.
Gross suggested the council look at paying less for police and using some of the town’s security budget to hire private guards.
Sugerman said that the town could hire a private firm, but that wouldn’t substitute for certified police protection.
“The dilemma is private security firms do not have what are called police powers — the ability to arrest,” he said. “That can only come from a law enforcement agency.”
State law limits municipalities to contracting only with contiguous jurisdictions for police service. So for Briny Breezes, the only options are with Boynton Beach, Ocean Ridge and the Palm Beach County Sheriff’s Office.
Council President Sue Thaler suggested the town consider looking at a mix of services, using a private firm to supplement the work of a public agency. Manalapan, Hunter’s Run and the village of Golf are among South Florida municipalities that use some level of private security.
Town Attorney Keith Davis advised the council to go forward with advertising for law enforcement services. Davis said when applicants come forward, the council will have the chance to question them on specifics about their enforcement limits and working with private firms.
In 2016, Briny ended a three-decade relationship with Ocean Ridge’s police when the town signed on with Boynton Beach’s department, agreeing on a three-year contact for $618,792. Boynton’s price was roughly 11 percent lower than what Ocean Ridge proposed for virtually identical services.
Boynton Beach patrols the town six times daily, not including responses to residents’ calls, according to Capt. Chris Yannuzzi. So the department on average sends patrol cars to Briny close to 200 times each month.
Some Ocean Ridge commissioners have expressed regret about losing the Briny contract and support trying to win it back. Boynton Beach has about 155 sworn officers who police roughly 75,000 people; Ocean Ridge has 16 full-time officers who police 1,700.

Read more…

By Jane Smith

Delray Beach city commissioners conceded in mid-April that the diesel-spewing trolleys would have to operate on Atlantic Avenue for another two months. If they hadn’t, First Transit would have stopped driving the city trolleys on April 30.
The reason: The fixed-route contract with the Delray Downtowner won’t be ready until mid-May at the earliest. The cost: $80,000, which will be paid by the city’s Community Redevelopment Agency to First Transit.
The free trolleys have operated every year since 2006. Two trolleys operate on one route, which has 23 stops between the Tri-Rail station on Congress Avenue and the municipal beach. The route travels through Delray Beach’s downtown business core of Atlantic Avenue.
When the trolley service abruptly stopped last fall, city commissioners received complaints about employees not being able to get to work, according to the backup materials provided to the commission for its April 16 meeting.
The Downtown Development Authority and business community stressed that tourists would not have access to free trolley services previously provided, the backup material also stated.
The extra time granted in April is needed to allow the city’s CRA staff to finish negotiating the contract with the Downtowner team. That group promised three vans with 14 seats for the fixed-route service. The vans, which would be powered by propane gas, would be decked out to look like surfboards with a fin on each roof.
The vans will stop at the Old School Square garage to pick up passengers who want to go east and eventually to the beach.
That stop would create a park-and-ride situation for passengers from outside the city, a Downtowner principal said in March.
That route will not travel east on Atlantic into the often-clogged downtown core. Instead, the vans will go north on Swinton Avenue, make a right at Northeast First Street, stop at the OSS garage and then continue east on Northeast First Street to Federal Highway.
The city also wants to provide a marketing/transition plan for the new vehicles and the stops, according to Laura Simon, the DDA executive director. She spoke about the plan at the DDA’s Downtown Town Hall on April 17.
The Delray Downtowner team was also awarded the point-to-point shuttle service contract in March.
Under that contract, the firm will lease nine global electric motorcar vehicles, with four picking up passengers in the CRA area at any one time while the others recharge.
That area includes Atlantic Avenue from Interstate 95 east to the beach and one block north and south along A1A.

Read more…

By Steve Plunkett

Resident Martin O’Boyle and town officials are girding again for a court battle — this time over how much O’Boyle’s attorneys should be paid in a public records case they won.
O’Boyle’s legal team tallied up its costs at $61,800 and offered to settle the debt for $35,000, Gulf Stream’s outside attorney, Robert Sweetapple, told town commissioners April 12.
Commissioners rejected the settlement offer after Sweetapple told them an expert who reviewed the bills decided even $35,000 was not reasonable. He said he would argue Gulf Stream should pay $10,000.
“At the O’Boyle Law Firm, in their billings, there are over one dozen time keepers who put in billing on this matter — over a dozen,” Sweetapple said.
“On this small public-records case,” Mayor Scott Morgan said.
Sweetapple said the firm, which is headed by O’Boyle’s son, Jonathan, said it worked 44,000 hours compared to 8,700 hours the town’s legal team needed.
“It appears to me to be a classic case of churning,” Morgan said.
But Sweetapple acknowledged the town might not win its argument.
“There’s always a risk that a judge is just going to, you know, split the baby,” he said.
An April 23 hearing to decide the fees was postponed after Elaine Johnson James, another O’Boyle attorney, told the Circuit Court judge there was not enough time to prepare following the Town Commission’s decision to fight. Among other conflicts, James had been subpoenaed for a hearing that day on the validity of a divorcing Gulf Stream couple’s prenuptial agreement.
“The imminent Easter weekend, and the schedules of the parties, their counsel and the witnesses make it impracticable to complete the discovery and report on the issues as to which there is disagreement before April 23, 2019,” James wrote in her motion.
The hearing will be rescheduled for some time in August or September, Judge Edward Artau said.
Last December, the town and O’Boyle resolved nine other lawsuits between them, with Gulf Stream admitting that it violated the state’s Public Records Act in four cases and paying O’Boyle $15,000 to drop the remaining five.
Both sides are negotiating how much O’Boyle’s attorneys will be paid in the four cases settled in his favor. Each party is paying its own legal bills in the five dismissed suits.
The nine cases were all that were left of 44 lawsuits that arose from more than 2,500 requests for public records by O’Boyle and fellow resident Chris O’Hare, town officials said. The town and O’Hare signed a settlement in 2017.
In other town business on April 12, a Comcast subcontractor told commissioners that work to connect homes via underground conduits would take until the end of June. Previously he had estimated he would finish in April.

Read more…

By Dan Moffett

Delray Beach developer Anthony Pugliese III has lost another court decision in his fight to avoid paying $23.1 million to the estate of Subway restaurant founder Fred DeLuca.
7960873063?profile=originalOn April 10, the 4th District Court of Appeal rejected without comment Pugliese’s request for a new trial in the case of the failed partnership with DeLuca that once had grandiose plans for building a sprawling eco-city named Destiny on 41,000 acres near Yeehaw Junction.
West Palm Beach attorney Rick Hutchison called the appeal court ruling “definitive and the end of litigation” in what was a 10-year legal battle between the two businessmen. DeLuca died of leukemia at 67 four years ago, and his wife, Elisabeth, continued his case.
In 2015, Pugliese pleaded no contest to fraud and theft charges after admitting in court depositions that he created sham companies with phony addresses and fake invoices to siphon off about $1.2 million of DeLuca’s money. Pugliese served four months of a six-month jail sentence.
Pugliese and DeLuca had accused each other of fraud, with the developer suing the Subway magnate for $5 billion in civil court. Pugliese blamed DeLuca for an illegal financing scheme that allegedly profited him more than $20 million.
Each accused the other of stealing Destiny’s money and using it for lavish personal expenditures. But the courts have sided with DeLuca.
In 2017, after a five-week jury trial, a Palm Beach County circuit judge ruled that Pugliese should pay $4 million for breaching a contract with DeLuca and another $8.7 for civil theft. The balance of the $23.1 million bill, roughly $10.4 million, goes to cover DeLuca’s legal fees.
Pugliese, 72, could ask the Florida Supreme Court to consider the case but the terse rejection by the appeals court makes the prospects for getting a new trial seem unlikely.

Read more…

7960864263?profile=originalCounty Commissioner Robert Weinroth (left) toured property next to the development site with residents and county engineers. He says the county is working to identify and consider fixes to potential drainage issues. Jerry Lower/The Coastal Star

By Dan Moffett

The pace of construction has picked up for the Gulf Stream Views townhouse development in recent weeks, and so has the project’s pursuit of required permits and government approvals.
On April 25, Palm Beach County building officials rejected an appeal submitted the day before to the Construction Board of Adjustments and Appeals by four residents of the County Pocket.
Karl Hoffman, Paul Lambert and Glenn and Marie Chapman, citing concerns about drainage problems for neighboring properties, asked the county to issue a stop-work order for the project “until a comprehensive stormwater master plan and funding strategy can be approved for the area.”
The county attorney’s office denied the request without comment.
The same week, project engineers for the developer submitted a revised flooding map for the Federal Emergency Management Agency. The map identifies the site between Briny Breezes and the County Pocket as an area with a 1 in 500 annual chance of flood hazard, a favorable assessment that would allow the project to go forward.
The current FEMA rating is a 1 in 100 annual chance of flood hazard, which would stop the development from getting a certificate of occupancy.
If FEMA accepts the revised map, then a 120-day period of public comment begins before the designation becomes official.
On April 9, newly seated District 4 County Commissioner Robert Weinroth inspected the construction site, along with county zoning and engineering officials, and Briny Breezes Council President Sue Thaler. Residents from Briny Breezes and the County Pocket told them about their concerns that the project will cause drainage problems in the neighborhood.
“I think one of the things the town recognizes is that their infrastructure is very old,” Weinroth said afterward. “As we did that tour, we recognized that even the drainage that was in place was not properly maintained.”
He said it’s “unfortunate” that the historical use of the development’s lot as a drainage field would not continue, but the county is listening to residents.
“I think the county is working with the town to try to identify the drainage issues there to see what can be done,” Weinroth said. “But as far as the landowner that’s doing the development, I think they’re doing what they can to address the drainage on their property.”

7960864300?profile=originalThe revised area flood map sent for FEMA approval would give the construction site a 1 in 500 annual chance of flood hazard as opposed to the 1 in 100 annual chance of surrounding areas shown in blue. Map provided

New Jersey-based NL Living wants to build 14 townhomes on the 2-acre parcel south of Briny Breezes Boulevard that for decades has absorbed runoff from the neighborhood.
Last month, contractors began installing 79 catchment chambers, designed to capture up to 84,000 gallons of storm-water and then release it slowly underground. Project engineers have assured residents the development will hold all the stormwater that comes onto it.
Rachel Streitfeld, the Miami-Dade County lawyer who represented the four pocket residents, isn’t so sure. Streitfeld called the county’s decisions to give the developers permits “erroneous, dangerous and injurious.” She requested an expedited hearing to argue the residents’ case — which the county denied.
Streitfeld said the project presented an “egregious incompatibility with the surrounding existing residential communities.”
Cited in the appeal request was an analysis by Jim Bolleter, an engineer with Ecology and Environment Inc. of Wellington, whom the residents hired.
“Regardless of how Gulf Stream Views handles their drainage,” Bolleter wrote, “increasing the site elevation is anticipated to worsen the flooding problems to the north, south, and immediately west of the site since stormwater from the surrounding area has less surface area to percolate into.”
Kristine de Haseth, executive director of the Florida Coalition for Preservation, organized the tour with Weinroth and other officials. She said the coalition does not oppose the project, but it does want residents’ concerns to be taken seriously.
An event to raise money for legal fees has been organized by neighborhood residents and will be held 4-9 p.m. May 25 at Nomad Surf Shop.
De Haseth, who is also an Ocean Ridge town commissioner, said the county can’t simply tell residents “sorry, your neighborhood’s old, so we’re done here.” She said there’s still time left to deal with potential problems.
“This is the beginning of a conversation,” she said. “It’s not the end of a conversation.”

Read more…

By Jane Smith

Delray Beach businessman Billy Himmelrich filed his lawsuit too early against the city, a circuit court judge ruled on April 26.
Judge Jaimie Goodman ruled that Himmelrich and his business partner’s Bert Harris claim was premature, “not yet ripe,” because the partners had not filed an official plan to build more than three stories in the downtown when the city rejected the plan.
Himmelrich texted “No comment” on April 30, when asked whether he would appeal. He and his partner have 30 days to appeal the ruling.
The Bert Harris Act, a state law, protects individual property rights. It allows governments to change their land development rules and requires written notice of the change be mailed to the affected property owners.
Delray Beach sends its notices via the U.S. Postal Service regular mail.
“The Florida Statute notice requirements do not require confirmation of receipt of notices,” Tim Stillings, Delray Beach’s development services director, wrote last year in response to how the city tracks the notices. “When we send notices, we keep a record of the mailing labels.
Stillings was not employed with the city when the downtown height restriction was passed in 2015.
Himmelrich, who attended the 2015 hearings on restricting the height, said he and his business partner were not notified in writing, as required under the Bert Harris Act.
In May 2018, Himmelrich and his business partner had sued the city for $6.9 million to be able to build four stories on their parcels just east of the Old School Square Cultural Center. They own two parking lots and two buildings that house Tramonti and Cabana El Rey restaurants. Both restaurants have long-term leases that expire in 2024, Himmelrich has said.
Then-City Attorney Max Lohman, who was not with Delray Beach in 2015, brought forth a settlement agreement last fall that called for carving out the Himmelrich parcels from the downtown. At the time, he said the settlement is not about the merits of the case but “about certainty.”
On Sept. 25, the commission took its first vote, 3-2, for the settlement. Lohman then canceled the city’s motion to dismiss the hearing, set for Oct. 19.
But on Oct. 9, when commissioners heard from the public, they voted 3-2 against settling. Mayor Shelly Petrolia and Commissioners Bill Bathurst and Ryan Boylston voted for letting the judge decide the merits of the $6.9 million lawsuit.

Read more…

Meet Your Neighbor: John Ross

7960862855?profile=originalHighland Beach resident John Ross galvanized voters’ opposition to proposals that called for spending up to $45 million on improvements along A1A. ‘No was the message,’ he said of the idea for the shirts. ‘It just said it.’ Tim Stepien/The Coastal Star

By Rich Pollack

John Ross didn’t plan to start a movement in Highland Beach. He just wanted to bring people together in opposition to town plans to spend up to $45 million of taxpayer money on improvements along State Road A1A.
In the process of fighting City Hall on one issue, however, Ross’ grassroots Committee to Save Highland Beach has done something larger — bringing people from throughout the town together to get involved in local government.
“Our goal is to restore democracy to Highland Beach,” said Ross, who is credited with helping to overwhelmingly defeat three ballot initiatives linked to the A1A improvements.
At 71, the six-year Highland Beach resident — along with a few friends — came up with the idea of sending out daily email blasts urging residents to vote “no” when they went to the polls in March.
They were surprised by what happened next.
“I thought I would send out a couple of emails and everyone would be annoyed and that would be the end of it,” said Ross, whose first email blast went out early in January. “Then it caught fire.”
Ross continues to send out emails — although no longer on a daily basis — to nearly 1,100 addresses of Highland Beach residents. He organized a community forum last month featuring two residents who were hoping to be appointed by the Town Commission to a vacant vice mayor seat.
In light of Ross’ professional background, it’s not surprising he became involved in local government.
Before retiring, Ross lived in northern Virginia where, among other things, he worked for companies that created information technology services for local and state governments. In New York City, the company he worked for helped develop systems to process 30,000 parking tickets a day.
“I made my living helping governments become more efficient,” he said.
He has a bachelor’s degree in political science and a master’s degree in public administration and served as a political consultant for a short time.
Soon after arriving in Highland Beach, Ross was recruited to serve as first president of the newly formed Highland Beach Coastal Democratic Club. His interest in government led him to make an unsuccessful run for an open Town Commission seat. He finished a distant second in a four-person race.
“That was stupid,” he said. “I am a terrible candidate.”
He doesn’t plan on running for public office again. “It was horrible.”
Ross displayed some marketing skill with a campaign to stop the town’s A1A projects with signs that simply said “No.”
When signs were taken down, he asked people to write “no” on shirts.
“No was the message,” he said. “It just said it.”
During public comment at a Town Commission meeting, Ross appeared at the podium wearing a “No” shirt that his wife, Maxine, had made for him. Asked to cover it up because Town Hall is a campaign-free zone, Ross instead took off the shirt, and while audience members chuckled and cheered, he put on a plain shirt he had brought with him.
He made his point while making people laugh.
“It’s all for mental health,” he said. “If you don’t have a sense of humor, what good is life.”


Q. Where did you grow up and go to school? How do you think that has influenced you?
A. I grew up and went to school in Brooklyn, N.Y. Only the strong survived growing up in Brooklyn back then.

Q. What professions have you worked in? What professional accomplishments are you most proud of?
A. Fried burgers in a 15-cent burger joint. Painted houses. Worked in the men’s shelter in New York City. Political consultant many years ago. Developed and implemented large-scale information technology systems for governments at all levels, as well as some of the world’s largest financial services firms and became chief information officer of a $12 billion IT firm. 
I was at my best leading projects with a prominent West Coast financial services firm, and a leading New York City-based bond rating agency during the financial crises of 2008. Also, I fully integrated the IT infrastructure of a multinational IT consulting firm for the firm I was CIO of on day one of its acquisition. 

Q. What advice do you have for a young person selecting a career today? 
A. Take your time, and be yourself. Happenstance will take care of the rest.

Q. How did you choose to make your home in Highland Beach?
A. We found the right ambience in a dog-friendly town that was convenient to the things we liked. I cannot imagine living without a dog.

Q. What is your favorite part about living in Highland Beach? 
A. I like the small-town feel of the place. It’s remarkable for a town in the middle of Palm Beach County. And the people I meet are generally smarter than I am.

Q. What book are you reading now?
A. Two: Low Chicago, which is actually a group of short stories set in a common alternative reality, and Bad Blood by John Carreyrou, which is the story of a Silicon Valley startup gone terribly wrong.
Q. What music do you listen to when you need inspiration? When you want to relax? 
A. Very eclectic taste in music, from rock to reggae to Broadway and classical. I’m a big fan of Gilbert and Sullivan and Toots and the Maytals. I sort of forgot how to relax some time ago, but I’m most relaxed fishing.

Q. Do you have a favorite quote that inspires your decisions? 
A. “Damn the torpedoes, full speed ahead,” which is also a fine album by Tom Petty and the Heartbreakers.

Q. Have you had mentors in your life? Individuals who have inspired your life decisions?
A. Several. Some great teachers and coaches and a few extraordinary bosses and colleagues. But I don’t think I’ve made many life decisions — just sort of one thing leading to another.

Q. If your life story were made into a movie, who would you want to play you?
A. John Belushi.

Read more…