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7960689281?profile=originalThen-Boca Raton Mayor Susan Whelchel prodded the city to donate land for a community garden in 2010.

Since then, the Junior League of Boca Raton has managed and supported the garden,

which has 97 plots that are leased to city residents.

Tim Stepien/The Coastal Star

By Rich Pollack

    As Boca Raton’s mayor during the national economic meltdown, Susan Whelchel could see — and feel — the impact the crisis was having on her city.
    “You could just sense in the community that it was time to bring people together,” said Whelchel, who served as mayor from 2008 until 2014.  
    With bringing people together in mind, she came up with the idea of creating a community garden in Boca Raton — one that would provide a living oasis downtown.
    She realized, however, that the city couldn’t do it alone. So she turned to an organization she knew could get the job done well — the Junior League of Boca Raton.
    After Whelchel and the league spent a couple of years planning and securing support from city leaders, the Boca Raton Community Garden became a reality in 2011. Today it continues to thrive as a partnership between the city and the Junior League.
    Whelchel, 72, a resident of the Royal Palm Yacht and Country Club, is one of 40 women who will be the focus of attention as nominees during the Junior League of Boca Raton’s 29th annual Woman Volunteer of the Year Luncheon on Nov. 18. (See names of all nominees in Philanthropy Notes, Page AT3.)
    Whelchel, a Junior League member, says she is humbled to be considered along with other community volunteers.  
    “Every single one of the nominees is a star and a leader in their organization,” she said.   
    Whelchel’s role in creating the community garden was a factor in her nomination, but the league is also recognizing her overall leadership in the community and in the community-service group itself.
    “Susan has been a mentor and an inspirational figure,” says Kirsten Stanley, president of the Junior League of Boca Raton. “She is an example of how you can translate volunteerism into community activism.”
    A league member for more than 35 years, Whelchel is always available to lend a hand to the organization, serving as a celebrity bartender at fundraising events and also as emcee for the annual Woman Volunteer of the Year luncheon for several years.
    She has been a speaker at several other events, sharing her experiences during her years in public service, which included serving as a City Council member, mayor and member of the county School Board.
    Now retired, along with her husband, John, they enjoy traveling (they have a second home in Colorado) and spending time with family, including 10 grandchildren.
    Her thoughts on politics?
    “The national political scene has been so disappointing and I, along with everyone I speak with, are hopeful that that type of politics does not filter down to the local or state levels. Politics should bring out the best in people, not the worst.  People ask me what I miss about not being in politics any longer. I miss the people. I worked with many wonderful people and I don’t get to see them as much.”
    Whelchel’s league involvement dates back to a few years after she moved to Boca Raton in 1978. She was introduced to the organization when friends invited her to join what was known as the Junior Service League of Boca Raton.
    She credits the league with helping her to become more involved in the community.
    “I don’t think I would have ever run for office had I not had the opportunity to learn the leadership skills they were teaching,” she said.
    Whelchel serves or has served on the boards of organizations such as the Boca Raton Historical Society, Spirit of Giving Network, Boca Bowl and the Florida Atlantic Research and Development Authority.
    She still feels a sense of pride when she walks through the community garden, which has grown to 97 plots. Ten percent of the food grown is donated to Boca Helping Hands.
    “We accomplished something special,” she said. “We did something specifically for the welfare of the community.”

If You Go
What: 29th annual Woman Volunteer of the Year Luncheon
Where: Boca Raton Resort and Club
When: 10:30 a.m. Nov. 18, reception and runway raffle; 11:30 a.m. luncheon
Tickets: $95 to $250 per person for luncheon; $100 for after-party
Info: Call the Junior League office at 620-2553 or visit www.jlbr.org and click on “events.”

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By Mary Thurwachter

    No stranger to “employee of the quarter” awards from the Lantana Police Department, Officer Edward Tavcar made another appearance at the Town Council’s Oct. 24 meeting. This time, he was recognized for his diligence in investigating a theft incident that resulted in the recovery of about $15 million in paintings, statues and relics.
  7960686873?profile=original  “I appreciate all of them (awards), but this one is kind of special,” Tavcar said after Chief Sean Scheller recognized him. “This wasn’t a one-man show. There were a lot of moving parts and there was a lot of cooperation. It was really a team effort between 20 or more law enforcement officers from Lantana and PBSO.”
    “The case,” Tavcar said later, “was like a movie. How did little Lantana ever get involved in something like this?”
    The case involved millions of dollars of artwork, a scorned lover, days of surveillance, lots of police and a couple of New York lawyers.
    At the end of October the victim’s lawyers were still in the process of identifying the stolen artwork, 99 percent of which had been recovered, Tavcar said.
    According to Tavcar, on Sept. 20, Hypoluxo Island homeowner Nicholas Zoullas told police his ex-girlfriend, Stacy Cliett, 43, had stolen “millions in artwork, relics and statues” from his home.
    Two days later, Zoullas’ lawyers met with Cliett and her friend Todd Stephens, 52. The two told police they had to take the art away from Zoullas’ home (where Cliett still resided) because of a mold problem in the house. But they refused to reveal where the artwork had been taken.
    “We found out the mold had already been mitigated during the summer,” Tavcar said.
    A private investigator contacted police a few days later to tell them the couple used a Lake Worth warehouse to store the artwork. Police said surveillance observed Cliett and Stephens loading artwork into a Lexus. When confronted by police at a gas station later, Stephens told police he was just helping Cliett move the artwork.
    After securing a search warrant for the warehouse, police found much of the missing artwork and crates bearing shipping labels with Zoullas’ name on them.
    Cliett and Stephens were arrested and face grand theft charges. Both bonded out of jail. Stephens, police records show, was out on bond for a separate money laundering case.
    In other Lantana news last month, the Town Council approved a Florida Recreation Development Assistance Program grant application to the state for construction of a recreation center picnic pavilion.
    The project would include a roof, flooring, picnic tables and lights at a cost of $148,000. Lantana would need to provide a 25 percent match of $37,000.
    The pavilion would replace the old shuffleboard courts at the Recreation Center.  If the state awards the grant, construction would take place next year.

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7960684858?profile=originalRichard Lucibella (at left in white shirt) stands in his backyard after his arrest. He refused

medical treatment from paramedics for a wound near his left eye. Lt. Steven Wohlfiel (in black shirt,

facing camera) has been assigned alternate duties during the department’s investigation.

Jerry Lower/The Coastal Star

Related: Read initial incident report

By Dan Moffett

    A quiet Saturday night on an Ocean Ridge patio ended with gunshots, the vice mayor bloodied and handcuffed, a senior police lieutenant under investigation, two officers seeking treatment for injuries and a town roiling again in political turmoil.
    Ocean Ridge residents who complain about visitors from the mainland bringing trouble across the bridge have a new worry. It appears the town is capable of bringing it on itself.
7960685067?profile=original    The quiet night by the sea turned raucous shortly after 9 p.m. Oct. 22, when police responded to reports of gunshots on Old Ocean Boulevard, and officers went to the rear of Vice Mayor Richard Lucibella’s home to investigate.
    There they found Lucibella and one of their department’s supervisors, Lt. Steven Wohlfiel, “obviously intoxicated based upon their demeanor and behavior,” according to police reports that cited beer and mixed drinks on a table between the men.
    Officers Richard Ermeri and Nubia Plesnik say Lucibella was holding a black .40-caliber Glock handgun and greeted them with a barrage of obscenities. Police say the vice mayor also had a small silver handgun in his back pocket. Plesnik said she found five shell casings on the patio, hollow-point rounds that police believe were fired from Lucibella’s Glock. They say they found seven live rounds in a magazine that holds 12.
    Wohlfiel used an expletive in ordering the officers “to get out of here” and told them he did not want to make a statement, according to Sgt. Bill Hallahan, who was also at the scene.
    “You put us in a very bad situation, Lieutenant,” Ermeri told his off-duty supervisor, according to the police reports.         Wohlfiel and Lucibella maintained they knew nothing about any gunshots. The situation deteriorated rapidly from there.

    Lucibella told the officers to get off his property and tried to go inside his home to get another drink, police say. Plesnik and Ermeri tried to block Lucibella. The officers said they believed Lucibella had more firearms inside.
    Things got physical near the doorway, according to the reports. Ermeri said the vice mayor “began to aggressively poke” him in the chest and then “began to physically resist” Plesnik.
    The officers wrestled Lucibella to the ground. He suffered an injury near his left eye that would send him to the hospital for treatment, and his attorney says he also had three broken ribs.  
    Ermeri and Plesnik would require treatment for an assortment of bruises, abrasions and muscle pains.
    Lucibella bonded out after a few hours in the Palm Beach County Jail and faces charges of resisting arrest with violence, a felony, and two misdemeanors: discharging a firearm in a residential area and use of a firearm while under the influence of alcohol.
    This was Lucibella’s second clash with the town’s police since he won his commission seat in 2014. Last year, a dispute with then-Chief Chris Yannuzzi forced Yannuzzi out of a job, divided residents, packed the Town Hall for contentious commission meetings and led to an unsuccessful recall attempt against Lucibella.
    A judge ruled the recall group’s petitions were legally insufficient, but hundreds of residents signed them and wanted Lucibella removed. The vice mayor says he hasn’t decided whether to seek election to another three-year term in March, knowing that opposition against him is rising again and his ability to work with the town’s Police Department is in question.

    “I don’t recall ever saying I was looking to make a career in local politics,” Lucibella said in an email. “I’ve not really thought too much about whether I’ll run again. But I truly love Ocean Ridge and I’ve obviously never been much swayed by the shrieking of the ‘torches and pitchfork’ minority. We’ll cross that bridge when we come to it.”
    Mayor Geoff Pugh says the vice mayor is facing a political future that may be even stormier than it was last year.
    “For anybody, this is pretty hard to come back from,” Pugh said. “The problem is public perception. In the court of public opinion, he’s found guilty and should resign. Unless it’s proven that it’s not his fault, then there might be a different opinion.”
    Lucibella’s lawyer, former prosecutor Marc Shiner, has dismissed suggestions that the vice mayor should resign: “Mr. Lucibella is the victim here.” Shiner has claimed Ermeri and Plesnik used excessive force and conducted an illegal search over alleged misdemeanor firearms violations, without any witnesses. He says the town police violated the vice mayor’s rights, and he is calling for battery charges against Ermeri, his resignation and an investigation by the Florida Department of Law Enforcement.

Investigation underway
    Police Chief Hal Hutchins says an internal affairs investigation of the incident is already underway, and his department doesn’t need help from the FDLE at this time. But Hutchins said he is open to bringing in independent investigators from county, state or federal agencies if it’s warranted.
    “We’re ready to reach out to appropriate outside agencies if needed,” Hutchins said. “I’ll be the first one to make contact with another agency if one needs to be called in.”
    The chief said his investigation has no timetable and will go wherever the evidence leads. He said his investigators are still gathering witness accounts and that the probe “is a fluid situation” — with much work to do.
    “It will be a full internal review of this incident,” he said. “We’ll do it as quickly and as thoroughly as possible. That’s the only thing I can promise anybody.”
    Pugh agrees that the FDLE isn’t needed and the Police Department “has competent people that work for it who can do a competent investigation.” He said the town shouldn’t make decisions about disciplining or firing anyone until after the investigation is complete. Pugh said the presence at the scene of Wohlfiel, 48, a veteran with the department who rose through the ranks and has served as the police union representative, complicates matters.
    “I believe we should know what his culpability is,” Pugh said. Wohlfiel has been assigned to alternate duties during the investigation, Hutchins said. Ultimately, the Palm Beach County State Attorney’s Office is expected to make the call on who gets prosecuted and for what charges.
    Though Lucibella has an uncertain political future, he says he is proud of the achievements in his political past.

    “We accomplished a great deal in my first term,” he said, “including returning control of our Police Department to the people, managing through the near simultaneous loss of a clerk, police chief and manager, and creating a balanced budget in the absence of a clerk who had done that work for 30 years — to name just a few.”
    Pugh said Lucibella “can be acerbic,” which sometimes obscures his contributions to the town. The mayor said the Nov. 7 commission meeting figures to be as well-attended as those during last year’s storm over Yannuzzi’s ouster.
    “If anything, it would be easier for the town if he doesn’t show up,” Pugh said. “With Rich, you never know what he’s going to do. He’s a fighter. Basically, I want people to know that he’s done good things for Ocean Ridge.”


    Read a copy of the initial incident report at www.thecoastalstar.com.

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    In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O’Boyle and Christopher O’Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents.
    To defend against this ongoing public records abuse, Gulf Stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O’Boyle Law Firm and a related O’Boyle company called Citizens Awareness Foundation, which it added to the town’s defenses in the public records lawsuits.
    Since Gulf Stream took these actions, public records requests have dropped from 80-plus per day down to several a week. In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits.
    I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land-use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed.
    At no time did staff refuse the legitimacy of O’Boyle’s or O’Hare’s requests or try to prevent them from receiving documents. For example, one such request required production of “All photos of people riding bicycles on N. Ocean Blvd. in the town’s public record.” Since town records go back to its founding in 1925, this request necessitated a needle-in-the-haystack search, and for which we were still sued over a “gotcha” photograph.
    A case currently being litigated involves some inadvertently missed documents. Despite a good-faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O’Boyle’s settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future.
    The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any other case where it appears that O’Boyle built up large attorneys’ fees.
    Gulf Stream will continue to defend the remaining O’Boyle and O’Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others.

Scott W. Morgan
Mayor, Gulf Stream

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7960684466?profile=originalAn outside seating area and pergola are part of the Plaza del Mar supermarket site plan.

Rendering provided by Cuhaci & Peterson

By Dan Moffett

    
Manalapan’s Architectural Commission and the landlord for Plaza del Mar have agreed on the final design details for renovating the center, clearing the way for construction of a new Publix supermarket to begin next year.
    During an Oct. 19 meeting with the town’s Architectural Review Board, representatives of Kitson & Partners said their project was designed to revive the languishing shopping center without causing traffic problems or annoying neighbors.
    Emily Brown, project development manager for Kitson, said that even with the 28,000-square-foot Publix, the center’s total retail space would be reduced by about 20,000 square feet and the number of parking spaces increased.
 “We are rebuilding a smaller version of what exists today,” she told the commissioners.
    Plans include an outside seating area with a pergola in front of the supermarket. An 8-foot wall will run the length of the plaza behind the buildings on the south side to screen neighbors from noise, with a 15-foot wall shielding the truck loading dock. Kitson’s Matt Buehler said delivery vehicles would be rerouted behind the buildings to keep them away from pedestrians.
    “This gets the truck out of the front of the property,” Buehler said, calling it a change in traffic flow that will enhance safety. He said no deliveries would be permitted before 8 a.m. or after 6 p.m.
    Brown said the South Florida Water Management District has signed off on the drainage plan for the site and approved a permit.
    The developers say they will work with town staff to design signs for the supermarket that satisfy residents’ requests for minimal size and lighting.
    Commission Vice Chairman Ben Hanani said he liked the plan, but told Kitson to consider some cosmetic changes. Hanani requested more landscaping in front of the supermarket, arches between the portico columns instead of straight lines and shade trees instead of palm trees to cool the parking lot in summer.
    Kitson agreed to the requests, and the commission voted 5-0 to approve the design, removing the project’s last significant administrative hurdle. Demolition is expected to begin early next year, with work scheduled to take most of 2017.

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By Jane Smith

    In what was described as a “transition year” for special events, Delray Beach commissioners approved a small-scale New Year’s Eve gathering hosted by the city.
    The New Year’s Eve First Night event won’t be advertised or promoted outside the city and it will be free for families, said Stephanie Immelman, who heads the city’s Marketing Cooperative. After a special events committee rejected the First Night event proposal because of its unspecified high public safety costs, she appealed to the commission in early October.
    “We can’t go from a hundred miles per hour to zero,” said Mayor Cary Glickstein. Had the commission known about the $35,000 expense, it could have been a line item in the budget, he said. The commission approved taking the money from the city manager’s discretionary fund to pay for this year’s family-friendly First Night.
    Commissioner Jordana Jarjura was the lone dissenter. “There’s a plethora of events in December,” she said. “It’s an improper use of the city manager’s discretionary account. … We have to hold ourselves to the same standards as the private sector.”
    Her colleagues, though, feared that killing the nearly 20-year-old public event would have them perceived as Scrooges. The commissioners were happy, however, “to buy down the impact of the event.”
    In previous years, buttons and wristbands were sold to allow patrons to participate in activities from 5 p.m. to midnight, with two fireworks displays. Last year, about 30,000 people attended First Night festivities.
    For this New Year’s Eve, First Night will take place from 5 to 9 p.m. No buttons or wristbands will be sold. The event will feature free activities for families and have the carousel, ice skating rink, miniature golf and kids train ride at their usual ticket prices.
    Immelman wanted to bring in food trucks and a DJ, but the mayor said he would not support having any vehicles on the Old School Square grounds. Commissioner Shelly Petrolia pointed out that the circular driveway in front of the Crest Theatre is paved and could possibly be used as a location for food trucks.
    Last year, the event grew out of control. With crowds clogging Atlantic Avenue the police had to close the street to vehicle traffic. This year, the avenue between Swinton Avenue and southbound Federal Highway will be closed starting at 4 p.m. and reopen early on New Year’s Day.

    In other business, the commission approved splitting its police and firefighter pension board into two boards after hearing that the state had approved the split. On the new boards, the City Commission will appoint two members, the police and firefighters union will appoint two members to the respective board and the fifth member will be picked by all four.
    Petrolia voted against the split because the state’s opinion was not in writing. Even so, she selected her picks for both boards. Vice Mayor Al Jacquet selected his picks at two October commission meetings.
    Glickstein said it was “a big accomplishment for the city” to gain control over its public safety pension funds by negotiating with the unions for three years. It also means the city will collect $1.3 million to pay down the unfunded pension liabilities and another $504,000 in discretionary money.

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By Jane Smith

    The owner of the proposed iPic luxury movie theater in downtown Delray Beach received a seventh extension of a purchase contract from the city’s Community Redevelopment Agency.
    The agency extended the contract until Jan. 31 to allow time to reach an agreement with the city on the parking garage.         “I feel strongly we need to move this project forward,” said Cathy Balestriere, CRA board member.
    Most of her colleagues agreed while saying they were frustrated with the delay. The CRA will receive $3.6 million from the property sale to iPic.
    Only one board member voted no at the Oct. 20 meeting.
    Since signing the agreement more than three years ago, iPic has built six other theaters, said Daniel Rose, the CRA board member who voted against the extension.
    “What about Delray’s?” he asked.
    CRA Attorney David Tolces assured the board members. He said if they agreed to the extension, they would show they were “operating in good faith … and acting as a facilitator to allow the city and the developer to reach a [parking garage] agreement.” Then if iPic needed more time at the end of January, the board would be in a better position to take action.
    The CRA owns the 1.59-acre site, which once housed the city library and chamber of commerce. The developer proposes to build a multilevel garage with 315 parking spaces, with 90 reserved for public use. The City Commission took over the garage agreement in March to ensure the public parking spaces would be included in the iPic garage.
    City commissioners approved that agreement Nov. 1. The contract calls for construction to start within a year of the property purchase date, completion in three years and public spaces reserved on the second floor and part of the third.
    The developer agreed to pay the city $162,620 for seven parking spaces. The money is due when iPic receives its building permit from the city.
    People who want to use the public parking spaces will be able to bypass the iPic valet, the spaces will be labeled “public parking” and drivers will have the ability to turn around safely inside the garage. It will be open the same hours as the other city garages, 6 a.m. to 2 a.m.
    The iPic developer is responsible for maintaining the garage, but may contact the CRA to pay for the maintenance of the public parking spaces.
    Separately, the city’s Downtown Development Authority is working with CRA staff and the iPic development team to find 90 parking spaces that customers and employees can use while the project is under construction, said Laura Simon, DDA executive director.
    In March, the iPic complex received city approval to build a mixed-use development with eight movie theaters having 497 seats and taking up 44,979 square feet of space, 43,880 square feet of office space and 7,487 square feet of retail space.
    Another condition of approval requires iPic to move its corporate headquarters to Delray Beach and occupy 20,000 square feet for five years.
    The third condition covers traffic on southbound Federal Highway, requiring iPic to station a police officer near its pedestrian entrance to prevent drivers from stopping to drop off passengers for the movies.
    The fourth condition covers the public terrace on the third floor of the complex. The iPic developer will allow free access to the terrace at least between normal business hours of 9 a.m. to 5 p.m.
    In other CRA action, the Currie Sowards Aguila Architects firm was awarded a $90,000 contract to create a new design for the city’s historic Old School Square grounds. That contract calls for site analysis, designs to be delivered in six months, meetings with a “core committee” appointed by CRA staff to review the progress and plans, two community meetings and presentation of the master plan to the CRA board and City Commission for approval and adoption. CRA members voted 6-0 after Balestriere left the meeting.
    The CRA and the city also won a statewide award from the Florida Redevelopment Association at its annual meeting in October. They received an outstanding achievement in the Transportation/Transit Enhancements category for the U.S. 1/Federal Highway beautification project.
    The roadway was narrowed by one travel lane in each direction to make room for on-street parking, a bike lane and wider, landscaped sidewalks. The nearly $14 million project began in 2004 and finished last year with five partners: $5.1 million from the state, $3.6 million from the CRA, $3 million from the city, $2.2 million from the federal government and $178,734 from developers.

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7960682676?profile=originalSteven Penniman and George Britt work on the town’s underground utilities project at the corner

of Golfview and Polo drives as phase 2 begins.

Jerry Lower/The Coastal Star

By Steve Plunkett

    The threat of Hurricane Matthew bearing down on Gulf Stream made Mayor Scott Morgan an even more ardent believer in the virtues of putting electric wires underground.
    “Down in the south end of town, where with the slightest breeze we would lose power, we did not lose power in this storm, which had sustained 40-mile-an-hour winds and 60-mile-an-hour gusts,” Morgan said. “It’s the first time ever, where I live, that that occurred. And of course that’s occurring after we went underground.”
    Morgan and his wife, Lisa, bought their home on North Ocean Boulevard in 2004.
    “So I think it does lend some support to the reasoning that the town had in moving forward with the advantage of undergrounding,” Morgan said.
    The mayor’s observations came during an update on the utilities project. Phase 1 will be complete once streetlights are installed on State Road A1A from Pelican Lane to Golfview Drive, Morgan said. Florida Power & Light Co. has completed plans for the lighting, and the town expects the state Department of Transportation to issue a permit for the work in January, he said.
    The contractor has begun to install conduit on Golfview Drive and will be moving northward as phase 2 progresses. The contractor has 10 months to finish installing conduit for all overhead utilities and transfer the FPL service.
    In other business, commissioners elevated Curtiss Roach, the first alternate member of the town’s Architectural Review and Planning Board, to being a full member.
    “When asked to come down at the last minute, he does. He’s very responsive and committed to serving, so I think that would be a wise choice,” said Town Commissioner Paul Lyons, whose spot on the ARPB Roach is filling.
    Commissioners are looking for someone to takes Roach’s position as first alternate.

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    7960683493?profile=original

Delray Beach city commissioners approved spending nearly $5,000 for the city’s share of the annual Boynton Beach-Delray Beach boat parade on Dec. 9.
    But they did not want the money coming from the city manager’s discretionary fund. They saw it more as a low-cost marketing opportunity, not an emergency expense.
    “The boat parade brings a large amount of goodwill from the homeowners and business owners [along the Intracoastal Waterway] who pay a disproportionately large property tax bill and look forward to it,” Mayor Cary Glickstein said  
    The Boynton Beach Community Redevelopment Agency hosts the boat parade. In recent years, it has tried to get Delray Beach to pay part of the costs. Last year, Delray Beach scrambled and was able to raise the bridges for the boat parade.
— Jane Smith

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By Steve Plunkett

    Buffeted by thousands of public records requests and dozens of lawsuits, mostly from two town residents, Gulf Stream now has a full-time staff attorney to handle the workload.
    7960682086?profile=originalEdward “Trey” Nazzaro, who as a paralegal at Town Attorney John “Skip” Randolph’s law firm helped Gulf Stream write its public records procedures, started work at Town Hall in October.
    “He is a man of great integrity, intelligence, and he knows most of us here,” Town Manager William Thrasher told commissioners Oct. 14.
    Nazzaro has an annual salary of $87,500 plus pension, health insurance and other benefits, and office expenses. Thrasher moved $133,483 from “contract legal services” to cover the cost, leaving a net effect of zero on the town’s budget.
    “We probably should have done it years ago,” Town Commissioner Joan Orthwein said.
    Randolph will continue in his longtime role as town attorney.
    Thrasher said there are “a lot of things” Nazzaro can do. “For example, today he is at calendar call [at the courthouse in West Palm Beach], standing and waiting to yell out, ‘Yes,’” he said.
    Nazzaro’s pay translates to $61.77 per hour. “If you compare that to our lowest general or outside counsel, they use the figure $250; that’s a savings per hour of $188.23,” Thrasher said.
    Nazzaro, who was an Eagle Scout before attending college, was editor-in-chief of the law review and graduated magna cum laude from St. Thomas University School of Law in Miami Gardens in 2014. That same year the Town Commission passed a resolution of appreciation for the work he did authoring Gulf Stream’s public records policy.
    Nazzaro spent the past two years as a law clerk in federal court in Miami.
    Mayor Scott Morgan, who also is a nonpracticing lawyer, said Nazzaro is “intimately familiar” with the town’s public records woes and would have plenty of work in his new position. “Almost any activity we consider here has legal ramifications,” Morgan said.
    Resident Chris O’Hare complained that starting lawyers at the State Attorney’s Office earn around $50,000 a year and asked why the town did not let attorneys bid for the work. “It seems like a waste of taxpayer money,” said O’Hare, who has filed numerous lawsuits against the town over public records.
    “That’s rich coming from you, Mr. O’Hare,” Morgan quickly responded. “You’re part of the problem that puts us in this situation.”

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7960685901?profile=originalPlans for the revitalized shopping center would alter the entrance to the adjacent Tropic Isles neighborhood.

Rendering provided

By Jane Smith
    
    A city board denied the site plan for Delray Place South in a chaotic late October meeting. Board members voted twice on the shopping center’s site plan. It was denied both times by a 3-2 vote. The votes took place about 11 p.m.
    Delray Place South sits in the southeastern end of Delray Beach. It’s a 30-year-old center on the east side of Federal Highway just south of Linton Boulevard between Eve Street and Tropic Boulevard.
    The site plan features a crosscut connection from Delray Place, home to Trader Joe’s, across Eve Street, into the 22,089-square-foot Delray Place South. The Planning Department recommended speed bumps be installed on the two-way, main driveway of Delray Place South.
    The crosscut provides “better circulation of the overall area,” said the plazas’ owner, Joe Carosella.
    The site plan also called for a five-lane gateway on Tropic Boulevard. It would be achieved by reducing the 20-foot median to 14 feet and creating three exit lanes going west onto Federal Highway. Two westbound lanes would be designated left-turn only. The eastbound lanes also would be widened by 2 feet. The right one would go directly to Tropic Isles, prompting resident Renee Radabaugh to ask: “Does anyone want an express lane to their homes?”
    Site Plan Appearance and Review Board member Jim Chard, who voted against the site plan, said, “With this vote, we are changing the entrance to this community forever. It has narrow little lanes creating a village feeling with the shade trees.”
    After the first vote denied the site plan, Carosella came up to the speaker’s podium and asked board member Alice Finst whether she understood the site plan. His firm had provided the crosscut connection that she wanted.
    That approach offended acting City Attorney Janice Rustin, who reminded him to step away from the mic. Carosella already had spoken multiple times and coming up again was not allowed. His project was discussed at a quasi-judicial hearing with required procedures.
    Rustin asked Finst whether she was clear on the site plan and wanted a revote. Finst then made a motion to reconsider the site plan vote. Chard was the lone dissenter. The site plan revote also turned out 3-2, with Chard, Finst and Vlad Dumitrescu voting no. Dumitrescu said he normally supports connections between properties, but in this case he thought the owner could do more. Finst, reached after the meeting, said, “My main objection was changing the traffic patterns for people who have lived in Tropic Isles for decades.”
    Board Chairman Roger Cope voted for the site plan after he received a promise from Carosella to move the Dunkin’ Donuts northwestern tower 2 feet to the east. That move would improve safety for diners at the eatery’s sidewalk cafe and create more sidewalk space for pedestrians. Carosella was seeking a waiver from the 20-foot requirement to have the sidewalk width be just 7 ½ feet.  
    Shannon Dawson, a board member who also supported the site plan, said revitalizing the development was “a good thing.” She also commented that part of the problem was that the two shopping centers were not connected.
    Board member Frederick Kaub had to step down because he works for an engineering firm that did work for Delray Place and was hoping to get work from Delray Place South. The two shopping centers are owned by the same firm, Retail Property Group of Boca Raton. The seventh board member, Linda Purdo-Enochs, was absent.
    The meeting’s length was partly caused by the Tropic Isles Civic Association’s being granted an opportunity to present its side. Its attorney, Edwin Stacker, received the same amount of extended time — 15 minutes — that was requested by the project’s owner. The city Planning Department also was given the extended time.
    “We have no objection to the renovation of Tropic Square [now known as Delray Place South],” Stacker said. “But don’t make Tropic Isles residents pay for the traffic problems of the developer.”
    Twenty-six people spoke during public comment. Most objected to the site plan because of the traffic problems it would create at the entrance to their community.
    Christina Morrison, a real estate broker and Tropic Isles resident, said the community had a history of mistrust with the developer over Delray Place. She wanted to see all the exit lanes on the developer’s property.
    Despite the four meetings the property owner said he had with the Tropic Isles community, Valorie Loomer said she heard about the renovation from her hairdresser. She is in favor of redevelopment but not at the expense of the Tropic Isles entranceway.
    She brought her 9-year-old son, Dylan, to the meeting. “When my mom showed me the plans, I didn’t think it was a good idea,” he said. “When Delray Place opened, it was unsafe for me to scooter and ride my bike around the neighborhood.”
    The Loomers left at 9 p.m., already past Dylan’s bedtime, his mom said.
    Carosella has 10 working days to appeal the board’s denial to the City Commission. As of press time, the appeal was not submitted.

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By Jane Smith

    City commissioners chose the Lohman Law Group of Jupiter to act as city attorney in a public process required by the way they solicited bids.
    In a presentation Oct. 18 before the selection, R. Max Lohman said he would be the Delray Beach city attorney if his firm were chosen. His backup would be Bradley Biggs and then Abigail Jorandby. He promised to retain the three assistant city attorneys and paralegal already working for Delray Beach, creating a hybrid department.
    Lohman offered two options. One was no retainer, general legal work billed at $210 per hour and litigation work billed at $250 an hour.
    The second option was a $25,000 monthly retainer, which translates into an annual retainer of $300,000. Once the retainer is exhausted, then the hourly billing would start.
    The commission approved an hourly rate for 3 1/2 months at its Nov. 1 meeting. In late February, Lohman will give the commission his assessment of the City Attorney’s office and the commission will discuss his fees.
    Commissioner Jordana Jarjura said the estimated total cost of the city attorney and deputy to be about $327,000 for salaries and benefits. Although she favors an in-house attorney, she voted on Oct. 18 to negotiate with Lohman.
    Other bidders were GrayRobinson of Fort Lauderdale, with its $350,000 bid for general legal work, Greenspoon Marder of Fort Lauderdale, with its $420,000 bid if it staffed the entire city attorney’s office, and Nason Yeager of Boca Raton, which offered a flat fee of $256,000 annually, similar to what it charged Port St. Lucie, for meetings and workshops.    
    Delray Beach Mayor Cary Glickstein said the full-service city would be “best served by in-house counsel. ... Lohman was closer to what I’d like to see in a strong city attorney.”
    But he added that Palm Beach Gardens, which the Lohman firm represents, is different from Delray Beach: It’s newer and not a coastal city. The newer construction means no significant historical preservation issues, he said.
    The previous city attorney, Noel Pfeffer, left in June to take a partner position at Conrad & Scherer in Fort Lauderdale.
The City Commission held the public hearing after it was told by the county’s ethics commission it could not meet individually with candidates for the city attorney.
    Interim City Attorney Janice Rustin sought the opinion in September because Delray Beach had solicited competitive bids for its legal services.
    The cone of silence provision applies, according to the ethics commission. “Any oral communication between any city commissioner and any person seeking the award of the legal services contract that occurs outside of a public meeting is prohibited,” wrote Mark E. Bannon, executive director of the commission.
    “When the cone of silence is not in effect, the [ethics] code does not prohibit the city commission from meeting individually with any applicant.”
    In other ethics commission action:
    Delray Beach firefighter/paramedic Conor Devery was given a letter of instruction on the county code of ethics and city policies that prohibit a public employee from working for an outside company that supplies the employee’s department.
    The ethics commission found probable cause of a violation but decided the violation was “inadvertent, unintentional, or unsubstantial.” Devery allowed a company in which he was part-owner to provide the city fire department with $2,245 worth of goods and services between 2012 and 2014.

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By Jane Smith

    After a two-year stint leading Delray Beach, City Manager Don Cooper turned in his resignation, effective Dec. 30.
    “It is with regret that I must submit my resignation,” Cooper said in his Oct. 31 memo to the City Commission, mayor and senior staff. He cited family medical problems that “will interfere with the proper performance of my duties.” His wife apparently is the one who is ill.
 7960689255?profile=original  Cooper, a longtime Port St. Lucie city manager, took the reins of Delray Beach in January 2015 when the city was suffering from instability and low morale.
    “He helped stabilize the city during the initial culture shock period of ‘we are no longer doing things because that’s the way we always did them,’ ” Mayor Cary Glickstein said. “He helped staff understand that working smarter improves their quality of life on the job.”
    Glickstein also said Cooper played a role in the great shape of the city’s public safety departments and creating “a bona fide 21st century information technology department and plan, and well-functioning purchasing, finance and treasury departments.”
    Cooper listed his highlights as: focusing the staff on the commission’s goals and objectives, creating the special events policy in line with commission direction, improving the Fire Department, doing repair and maintenance to city facilities such as Old School Square, and starting on the beach master plan.
    Under Cooper’s leadership, “we have, for the first time in decades, a real capital improvement plan driven by the city,” the mayor said. “He helped realign the city’s relationship with the [Community Redevelopment Agency], which was years overdue.” 
    The city has more work to do, both leaders agree.
“The city is in good shape and while his successor will have challenges, much of the heavy lifting is behind us,” Glickstein said.         Cooper credits the staff with doing the work.
    When asked what he will miss most about Delray Beach, he said, “The staff who really cares about the community.”

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By Steve Plunkett

    Former Vice Mayor Robert Ganger wants the town to pay $2,355 he spent fighting a deposition in a Martin O’Boyle lawsuit against Gulf Stream.
    The amount requested by Ganger, who is recuperating from a stroke that forced him to quit his commission seat in July, is less than a third of what his lawyer charged, said Kristine de Haseth, executive director of the Florida Coalition for Preservation, which Ganger co-founded. “His doctor was very firm in his opinion that Mr. Ganger could not be deposed as part of this frivolous lawsuit,” de Haseth said.
    Commissioner Joan Orthwein said she had no objection to paying the legal fees. “I think it’s very sad that he had to go out and find a personal attorney to defend himself,” Orthwein said.
    Ganger’s total bill to obtain a protective order from being deposed was around $12,000, but de Haseth said she negotiated with his lawyer to get the bill closer to $7,500.
    She urged town commissioners to approve the request for $2,355 “not only as a vote of confidence for Mr. Ganger and all the years that he served, but hopefully that you’ll never be in this position also.”
    Resident O’Boyle has filed dozens of lawsuits against Gulf Stream over the last four years and made thousands of requests for public records.
    Commissioners decided to postpone the matter until their next meeting, which they rescheduled from Nov. 11 to Nov. 10 to avoid the Veterans Day holiday.

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By Jane Smith
    
    The City Commission passed a resolution Nov. 1 supporting federal agencies to put tighter controls on prescription painkillers.
    The Centers for Disease Control and Prevention and the U.S. Department of Justice are asking the states to do more monitoring of the prescribing of narcotics such as oxycodone, which often lead to heroin addiction.
    Delray Beach has seen nearly triple the number of overdoses this year as of Oct. 31, compared with all of 2015. In October, Delray Beach police responded to 99 heroin overdoses, resulting in 11 deaths. Both are all-time records for the city.
    The city also played a leading role in recent arrests in a patient-brokering case. Detective Nicole Lucas is the city’s representative on the law enforcement subgroup of the State Attorney’s Sober Homes Task Force, started in July.
    One of Lucas’ sources told her about a Boynton Beach treatment center. The Whole Life Recovery center’s owner, James Kigar, and manager, Christopher Hutson, are accused of illegally paying sober home operators “case management fees” weekly for every insurable patient brought to them without the patient’s visiting the center.
    Kigar and Hutson were arrested Oct. 25. They were released the next morning after posting a $3,000 bond each and have a trial date of April 28.
    The state attorney said the investigation is ongoing.

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By Jane Smith

    Six city residents made last-minute pleas to change city commissioners’ minds before the final vote was cast on consolidated plans for the eastern half of Boynton Beach.
    The residents said they were disappointed, betrayed and disgusted by the commissioners’ not listening to them. One said her head was going to explode over the increased height allowed on Ocean Avenue, which historically has been a mostly residential street.
    “It’s a disappointment to the hundreds of citizens who want responsible development,” said Tom McClure, president of the Boynton Coalition for Responsible Development.
    The group said it represents 2,500 residents in Southeast Boynton Beach, primarily along the Intracoastal Waterway. Its members wanted the height limit at Woolbright Road and Federal Highway to remain at 75 feet, he told the City Commission in early October.
    The new plans will determine the look of the city’s eastern half, about 1,650 acres that make up the Boynton Beach Community Redevelopment Agency district.
    Some parts of the 20-year plans are not controversial. They include complete streets with bike lanes, shade trees, enhanced lighting and widened sidewalks.
    The troublesome areas, residents say, are the taller buildings along Federal Highway and Ocean Avenue.
    Despite the emotional pleas, the plans passed by a 4-1 vote. Commissioner Christina Romelus said she could not support the changes because her constituents opposed them.
    “We’re happy with Romelus,” McClure said. “She is listening to the citizens.”
    Just before the final vote on the overall changes, Mayor Steven Grant passed the gavel so that he could make a motion to keep the height at the Woolbright and Federal intersection at 75 feet. He and Romelus were in favor of  it but lost because the other three commissioners were not.
    At the southeast corner of the intersection, the owner of Riverwalk Plaza wants to replace the aging shopping center with a 10-story or 100-foot-high apartment complex. Isram Realty submitted its plans Nov. 25, 2015, about three weeks after the CRA consolidated plans were unveiled. Riverwalk Plaza plans will be reviewed separately.
    Isram and its owners donated money to the previous mayor’s re-election campaign. But Jerry Taylor didn’t survive a March runoff when the same residents organized against him and supported his opponent, Grant.
    James “Buck” Buchanan reminded commissioners that last fall Taylor and two commissioners kicked Buchanan and another citizen representative off the CRA board. The commissioners didn’t like how the two citizen representatives voted in support of the now-departed executive director.
    “Tonight you have another situation with spreading the height around the city. Look at your voting record and at how many times you have found yourself voting against the will of the people,” Buchanan said. “Then after your next election, you might want to call Jerry Taylor and ask him to save you a seat out there.”
    Commissioner Joe Casello took offense by what he called “hidden messages. If we vote against the will of the people, we may be voted out of office. That may be so. But every vote I’ve taken up here is for the betterment of Boynton Beach.”
    Casello then said he would support property owner Arthur D’Almeida’s request for extra density and reduced setbacks. D’Almeida wants to build a mixed-use project on the west side of the FEC railroad tracks on nearly 3 acres between Boynton Beach Boulevard and Ocean Avenue, according to his land planner, Bradley Miller.
    He said the Ocean Avenue overlays allow his client to construct a building that is 85 feet tall, about eight stories, at the highest point.
    Miller said the setbacks required along Boynton Beach Boulevard would create wasted space. His client wants to provide 10-foot setbacks at 45 feet and 20-foot setbacks at 85 feet, totaling 30 feet.
    Boynton Beach Development Director Andrew Mack said the 30-foot setbacks were included to make the projects more presentable from the street.
    “The setbacks would avoid the tunnel effect when driving down the street,” said Assistant City Manager Colin Groff.
    But the commission sided with the property owner and unanimously approved Miller’s requests.
    In other business, commissioners selected a new vendor to operate the snack bar at Oceanfront Park. The selection won’t result in the most money to the city. The operator who runs the snack bar at the city’s golf course was picked as “the most responsive, responsible proposer.”
    Ultimate Bakery and Pastry Inc., of South Palm Beach, took over Nov. 1 for a two-year lease, paying rent of $6,600 or 6.5 percent of gross sales the first year and $7,200 or 7 percent of gross sales the second year.
    Current operator Culinary Solutions had offered to pay $12,000 annually in rent for the first two years.

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By Stacey Singer

    The 13 municipalities still suing to avoid paying fees for Palm Beach County’s Office of Inspector General made their case at the 4th District Court of Appeal on Oct. 4, saying they don’t object to oversight by the independent inspector general but protest the concept that the county can send them a bill and demand payment.
    Since the county began billing them, many towns and cities have refused to pay fees for the oversight, collectively amassing bills totaling nearly $5 million. As a result, the underfunded office for many years had difficulty filling positions and carrying out its auditing, contract oversight and tip investigation duties until county commissioners agreed to step in and temporarily pay the fees.  
    The municipalities suing include Gulf Stream, Delray Beach, Manalapan, Highland Beach, Ocean Ridge and Boca Raton. The village of Wellington withdrew from the litigation.
    “The county sent the cities invoices without first entering interlocal agreements, violating sovereign immunity,” argued Jane Kreusler-Walsh, appellate lawyer for the municipalities. “If this program is allowed to continue, there is nothing to stop the county from implementing other countywide programs. … It will wreak havoc in municipalities all across the state.”
    In 2015, Circuit Judge Catherine Brunson sided with the county on every argument.  The municipalities were being billed for a “valid user fee and not an unlawful tax,” she wrote.
    “In this case, the approval by the voters of the referendum authorized the governing bodies to establish a line item in the budget to contribute to the funding of the OIG. This eliminated any discretion that the municipalities may have had as to funding,” Brunson wrote.
    The creation of the Inspector General’s Office came after a series of public corruption scandals. On Nov. 2, 2010, county voters overwhelmingly approved a ballot item asking if a county ethics commission and office of inspector general should be created. It’s significant that voters in every municipality said “yes.”
    The referendum language explicitly stated that the inspector general would be funded “by the County Commission and all other governmental entities subject to the authority of the inspector general.”
    Given that language, why would the cities question their obligation to pay, since the voters’ will trumps all, asked Judge Alan Orantes Forst, one of three judges on the appellate panel.
    Case law and precedent, answered Kreusler-Walsh. “There cannot be referendums on budget items,” she argued.
    A grand jury convened in 2009 to address a series of public corruption scandals in Palm Beach County and West Palm Beach had recommended paying for the OIG in the same way that Miami-Dade County paid for its OIG, through a 0.25 percent fee on vendor contracts.
    However, the county, in implementing the ballot language, took a slightly different approach, billing the cities directly. The county left it to the cities and towns whether to charge the fee to their vendors or make it a budget line-item, said Palm Beach County’s attorney, Helene Hvizd.  
    Kreusler-Walsh argued it would be illegal for municipalities to charge vendors for services they themselves didn’t provide, so it was a de facto budget mandate.
    On the contrary, Hvizd said, the municipalities’ refusal to pay was a plain attempt to thwart the will of the people and cripple the power of the inspector general, which can investigate anonymous tips and refer findings to the state attorney for potential criminal charges.
    “The people, by passing a referendum, created law. You cannot suggest that the people intended to create a law that would have no effect, and that is what would happen here,” Hvizd argued.
    Kreusler-Walsh disagreed: “It will continue the way it is being funded now. It will be paid through ad valorem [property] taxes paid to the county. So citizens in the municipalities, who are paying ad valorem taxes to the county already, are already paying for the OIG.”
    It’s unclear precisely when the three-judge panel will issue its opinion on the issue. Opinions come out on Wednesdays each week. Inspector General John Carey said he’s hopeful that the opinion will put the matter to rest.
    “Judge Brunson stated that the citizens are the cities, not the small group of elected officials. I hope they would accept the will of the people,” Carey said. “We will continue to do our job regardless.”

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By Willie Howard

    A Boynton Beach man snorkeling on the north side of Boynton Inlet died after he hit the jetty and was swept into the inlet by the tide on Oct. 16.
    Paul Swingle, 67, went snorkeling from the beach in Manalapan.
    Around 5:20 p.m., anglers fishing on the north jetty noticed that he was struggling against current that was pulling him out to sea, according to a Manalapan police report.
    Fishermen yelled at Swingle, telling him to swim south toward them and parallel with the beach, the police report said.
    Witnesses told police that Swingle became fatigued and sank below the surface. Waves and current pushed him into the jetty rocks before the incoming tide swept him into the inlet channel.
    Two Palm Beach County Ocean Rescue lifeguards (from the guarded beach south of the inlet) jumped into the inlet to help Swingle.
    A passing boater stopped, pulled Swingle into his boat and took him to the beach at Ocean Inlet Park, where a Palm Beach County Fire-Rescue truck was waiting.
    Rescue workers took Swingle to JFK Medical Center, where he was pronounced dead.
    Swimmers who enter the water from the beach immediately north of Boynton Inlet are not protected by lifeguards. The inlet is known for its powerful currents.
    A sign on the path leading to that section of Manalapan beach warns of “hazardous conditions” in the unguarded area. An arrow on the sign directs swimmers to the guarded swimming area on the south side of the inlet.
    Palm Beach County Ocean Rescue officials at Ocean Inlet Park refused to comment on Swingle’s drowning, referring questions to the county’s Risk Management Department.
    The Palm Beach County Sheriff’s Office was still investigating the drowning as of late October.

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By Steve Plunkett
    
    The kerfuffle over Town Manager Jamie Titcomb’s budget proposal, which prompted Ocean Ridge commissioners to call an unusual 12-day recess of their final public budget hearing, blew over in about 15 minutes when the meeting resumed.
    “When we went back through this, Jamie basically had it right. We had some problems with the capital funds still, in the way that we were reporting that out,” Vice Mayor Richard Lucibella said. But, “most of these things were just transfers.”
    Changes Titcomb reviewed included making the revenue and expenditure sides of the $250,000 capital fund match, moving $19,000 for maintaining the detention area from the “other physical environment” category to “public works,” and putting a $22,052 “interfund transfer” item into the contingency fund.
    This was the first time Titcomb, who became town manager in October 2015, had prepared Ocean Ridge’s budget. The preceding 25 or so budgets were assembled by Karen Hancsak, who retired as clerk in January.
    “I’m going to take partial credit for all these highlights and changes, but the real credit goes to our former town clerk, who spent countless time with me on the phone and caught much of this and … checked my work,” Lucibella said. “I think we need to send flowers to a certain former clerk. She helped us out of a really tight spot on this.”
    The night wasn’t all smooth sailing. Titcomb passed out a revised resolution updating and reallocating money in the capital projects fund right before the Oct. 3 meeting started.
    Lucibella said he took no responsibility for the document. “I just saw it. I’m taking the town manager at his word that that’s good to go,” Lucibella said.
    And Commissioner James Bonfiglio, who moved to adopt the resolution, noted in his motion that it “was handed out to us tonight as opposed to in our book” of backup material.
    Commissioners also found fault in Titcomb’s recommendation for an audit selection committee. He wanted to name himself, Town Clerk Tracey Stevens and Gulf Stream Town Manager William Thrasher.
    “We tried to keep this simple,” Titcomb said of the panel, which will review his request for bids outlining the scope of the work and rank responses from auditing firms.
    Bonfiglio said several commissioners were qualified to do that. “I’m not real thrilled with going outside of town for the third person on this committee,” he said.
    And Lucibella urged that a town resident take Stevens’ spot on the panel. Mayor Geoff Pugh asked Bonfiglio to be the commissioner on the committee, and former Mayor Ken Kaleel volunteered to be the member of the public.
    In other business, the commission ratified a wage reopener and extension of the town’s contract with its police officers. The agreement calls for merit raises of up to 5 percent on anniversary dates and lengthened the contract one year to September 2018.
    Lucibella also asked that commissioners discuss the just-approved budget at their Nov. 7 regular meeting.
    “I think the people of the town have a right to hear a dialogue around some of the things that have been asked for, including license plate recognition cameras. We never got a chance to do any of those things,” Lucibella said.

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By Willie Howard

    Sea turtles dug good numbers of nests on south Palm Beach County beaches and set a nesting record in Ocean Ridge during the 2016 season.
    But hot, dry weather is being blamed for a relatively low number of hatchlings from nests on several south county beaches.
    Preliminary, unofficial data for the nesting season that ended Oct. 31 show a record 637 turtle nests for the north end of Ocean Ridge — specifically, the 2.28-mile stretch from a quarter-mile north of Boynton Inlet south to Adams Road.
    That’s 68 more nests than in 2012, the previous record year there, said Kelly Martin, an environmental analyst for Palm Beach County.
    Martin said the nesting record was set because of a strong showing by loggerhead turtles, which dug 613 of the Ocean Ridge nests. Green turtles dug 13 nests, down from 64 last year. Leatherback turtles dug another 11 nests.
    Martin said the drop in green turtle nests was not surprising because green turtles nest every two or three years. She expects larger numbers of green turtle nests in Ocean Ridge in 2017.
    Despite the record nesting year in Ocean Ridge, the percentage of hatchlings dropped to about 66 percent, down from 73 percent last year, Martin said.
    “Many people are attributing the drop in success to the hot and dry weather we had during the first half of the season,” Martin said.
    In Boca Raton — the 5-mile stretch from Highland Beach south to the Broward County line — monitors counted 785 nests. The unofficial tally includes 729 loggerhead nests, 38 green turtle nests and 18 leatherback nests.
    The Boca Raton nesting numbers represent an above-average year for loggerhead and leatherback turtles and an off year for green turtles, said Kirt Rusenko, marine conservationist for Gumbo Limbo Nature Center, who oversees sea turtle nest monitoring in Boca Raton.
    Loggerhead turtle nesting statewide has been on the rise since 2010, Rusenko said.
    Conservation measures, such as ordinances limiting lights that discourage female turtles from crawling ashore, could be responsible for the increase in loggerhead nesting. A natural cycle also could be responsible, Rusenko said.
    The bad news: Rusenko said the number of turtle hatchlings emerging from this year’s crop of eggs was well below what it should have been because of the hot, dry weather.
    The Boca Raton hatchling count of 26,685 represents a success rate of just over 42 percent, Rusenko said. The success rate should be 85 percent or better.
    “Most nests literally cooked in the sand,” Rusenko said. “There were a large number of dead, unhatched eggs.”
    Nests shaded by beach vegetation and structures fared better than those that had no sun protection, Rusenko said.
    Highland Beach nest-tracking coordinator Barbara James said the heat also affected hatchling production on the 3-mile stretch between Boca Raton and Delray Beach she checks with help from 25 helpers called “turtle rangers.”
    “We had cooked eggs for sure,” James said. “We didn’t have any rain to cool them off.”
    James said hatchling production improved after rainy weather in the late summer.
    Unofficially, between 1,200 and 1,300 turtle nests were counted in Highland Beach — about average, James said.
    Delray Beach did not release preliminary sea turtle nesting numbers for 2016. Environmental consultant Christine Perretta, who oversees nest monitoring for Delray Beach, said city officials preferred to wait for the official tally before releasing any data.
    In Gulf Stream, the 2.6-mile stretch that includes the southern part of Ocean Ridge, Gulf Stream and Gulf Stream Park produced an average number of nests.
    Coordinator Jackie Kingston said she had not produced a preliminary nesting total for the beaches she oversees, but she did not expect this year’s nest count to exceed the 968 total counted last year.

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