By Mary Hladky

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

Michigan man knows our issues, commission says

By Rich Pollack

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

By Steve Plunkett

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

By Steve Plunkett

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

By Rich Pollack

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

By Steve Plunkett

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

By Rich Pollack

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

By Rich Pollack

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

How others handle public comment

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

UPDATE: Judge finds corruption charges are 'sufficient'

By Mary Hladky

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

ABOVE: Andy Thomson, here with his father, Tom, and wife, Joanna, called the close race for City Council ‘kind of hard to believe.’ BELOW: Kathy Cottrell (left) celebrates with council members Andrea O’Rourke and Monica Mayotte on election night. At the time she thought she won. Photos by Rachel S. O’Hara/The Coastal Star

By Steve Plunkett

A squeaker of a City Council race that could shape development decisions — and Boca Raton’s landscape — for years to come had supporters on both sides anxiously waiting to hear who won. Only 3 votes out of 17,875 ballots separated Seat A candidates Andy Thomson and Kathy Cottrell.
“The supervisor of elections is still counting provisional ballots, so we don’t have a final number yet,” city spokeswoman Chrissy Gibson said as City Clerk Susan Saxton conferred with the city attorney early Aug. 29 over what to do. “We’ll provide a statement with the details ASAP.”
Under state law, the city’s canvassing board must order a recount when unofficial results show a candidate losing by 0.5 percent or less. In Cottrell’s case, the margin is 0.2 percent.
Saxton, who lost a 2001 City Council race by 2 votes, heads the city’s canvassing board, which includes City Manager Leif Ahnell and Supervisor of Elections Susan Bucher.
Cottrell had a lead of about 200 votes after two-thirds of the ballots had been counted on election night, a tally that did not change on the supervisor of elections website for more than an hour.
The mood at Thomson’s election watch was somber. “It’s nerve-racking, as you might imagine,” he said as he waited.
By 10 p.m. Cottrell’s lead had shrunk to 35 votes. “It’ll be what it’ll be, but I’m confident it is what it is,” she said.
A little before midnight they were dead even, each with 7,872 votes and a third candidate, Tamara McKee, with 2,118.
“That’s kind of hard to believe,” said Thomson.
The last update at 12:31 a.m. put Thomson up by 3 votes: 7,879-7,876.
The Seat A winner will serve until March 2020 and then can run for two three-year terms.
Cottrell was endorsed by unsuccessful mayoral candidate Al Zucaro’s BocaWatch blog and introduced him at his first campaign fundraiser. City Council member Andrea O’Rourke, a former editor of BocaWatch, also endorsed her, and BocaBeautiful.org, which fights what it sees as overdevelopment downtown, urged voters to pick Cottrell “if you like the way Andrea O’Rourke and Monica Mayotte have conducted themselves as City Council members.”
Thomson, who campaigned as a “proven problem solver” and an “independent thinker with no ties to special interests,” lost a sometimes bitter 2017 council race to O’Rourke.
He raised $12,670 in the last 13 days of the campaign, including $1,000 checks from iPic chief executive Hamid Hashemi’s iPic Gold Class Entertainment, iPic Holdings LLC, Hashemi Holdings LLC and Premier Aviation of Boca Raton. That pushed Thomson’s total to $75,988 not counting a $20,000 self-loan. He reported campaign expenses of $73,213 through Aug. 23.
Thomson, an attorney who concentrates on resolving business disputes, had the same big endorsements as Mayor Scott Singer: the police and firefighter unions, the Chamber of Commerce’s PAC, Realtors, the Economic Council of Palm Beach County and the Business PAC of Palm Beach County.
Cottrell, a Boca Raton native and organizational psychologist, told voters her career included “large-scale problem solving and change management initiatives” for Fortune 500 companies.
Cottrell raised $2,800 in the Aug. 11-23 period, mostly sums between $50 and $250. Her total contributions were $23,638 and she loaned her campaign $30,000. Campaign expenses were $41,551.

Large turnout gives mayor mandate to serve until 2020

Scott Singer celebrates his victory for the mayor’s seat in Boca Raton with a crowd of supporters on election night. Singer received about 63 percent of the vote to about 34 percent for runner-up Al Zucaro. Tim Stepien/The Coastal Star

Related stories: Zucaro says he'll step away from politics, BocaWatch | Council race goes into overtime

By Steve Plunkett and Mary Hladky

Boca Raton voters handed Scott Singer a commanding mandate Aug. 28 to lead the city into the 2020s.
“I’m glad that a lot of our city spoke tonight,” Singer said. “I love serving this city, and I’m so grateful to get the opportunity to continue serving.”
Turnout was high, with 18,622 ballots cast in the three-way mayor’s race, compared with 11,783 two years ago. Unofficial results from the Supervisor of Elections Office had Singer with 63 percent of the vote, immigration lawyer Al Zucaro with 34 percent and real estate broker Bernard Korn at 3 percent.
“The strong support, the overwhelming support that the voters gave for our collaborative partnership with residents and a community message of positivity makes me feel proud to be a Boca Ratonian and makes me feel honored to be a public servant in Boca,” Singer said.
The race for City Council Seat A was a near tie with only three votes separating lawyer Andy Thomson, at 7,879, and organizational psychologist Kathy Cottrell, at 7,876 early on Aug. 29.
Both the mayor’s opening and the City Council race resulted from Mayor Susan Haynie’s suspension from office in April after she was charged with official misconduct and perjury.
Singer will serve until March 2020 and then be able to run for two full three-year terms. If Haynie wins her case before her 2020 term expires, she would return to office and Singer would vacate the seat.
The polls closed at 7 p.m., and Zucaro conceded the race at 8:32 after the vote tallies in 25 of 38 city precincts showed him falling well behind Singer.
“I don’t see a possibility of winning,” he told about 45 supporters who gathered at the Griddle restaurant.

Flanked by supporters on election night, Al Zucaro concedes that opponent Scott Singer would receive more votes and retain his seat as mayor of Boca Raton. Jerry Lower/The Coastal Star

Singer, who urged voters to “keep Boca’s new mayor,” was elected to the City Council in 2014 and re-elected in 2017. An attorney, Singer reprised his council re-election mantra as “a leader who listens to residents” but added “and delivers results.” Most recently he was instrumental in negotiating a deal with the School Board to build a new elementary school on city-owned land by Don Estridge High Tech Middle School.
He was also the frontrunner in raising donations. Singer opened his campaign account in October when Haynie was expected to resign as mayor to run for the County Commission this November and create an opening for a March 2019 election.
Singer’s donations totaled $187,740, not counting $25,015 in self-loans, and equaled $39,508 in the final Aug. 11-23 filing period.
Singer was endorsed by the city’s police and firefighter unions, the Chamber of Commerce’s political action committee, the Realtors’ association, the Economic Council of Palm Beach County and the Business PAC of Palm Beach County. He also listed on his campaign website more than 500 “local residents and community leaders” who backed him, including County Commissioner Steven Abrams, state Rep. Bill Hager and U.S. Reps. Ted Deutch and Lois Frankel.
Zucaro, who publishes the BocaWatch website and lost to Haynie in March 2017, told voters that “we are at critical crossroads in our city’s history,” citing traffic, congestion and overdevelopment as top concerns.
BocaWatch contributing writers supported his candidacy on the blog. On election day, the blog ran a Zucaro “publisher’s comment” that said, “Today for the first time in decades, a ‘resident friendly’ supermajority can be elected to the city council. . . .”
Singer took aim at the website in July, complaining to the Florida Election Commission that the blog is an unregistered political action committee that violates election law because it promoted Zucaro’s candidacy. Zucaro denied operating a PAC and called the complaint a political attack.
The commission did not resolve the issue before the election.
Zucaro collected $44,133 in donations; he or his law firm also loaned or gave the campaign $15,500 more. Through Aug. 23 he spent $55,033.
Zucaro, a 10-year resident of the city who is a former West Palm Beach city commissioner, claimed victory in the face of defeat.
“I’ve accomplished what I set out to do,” he said. “I put the resident in the No. 1 position.”
Zucaro played a key role in events that led to the corruption charges against Haynie, filing complaints with the county and state ethics commissions about her financial relationship with the city’s largest downtown commercial landowner, and speaking to and providing documents to state prosecutors.

By Sallie James

A little more than a year after Boca Raton Regional Hospital celebrated its 50th anniversary in 2017, the medical facility once known as the “Miracle on Meadows Road” has announced it will enter discussions to merge with health care giant Baptist Health South Florida.
The hospital said in a statement that the decision culminates an initiative that began more than a year ago to elevate the hospital’s position as an academic referral center in South Florida. Baptist is headquartered in Coral Gables.
“We are pleased with the board’s decision to move forward with Baptist,” said Jerry Fedele, president and CEO of Boca Raton Regional Hospital. “While this was a most difficult choice, one that was between two of the finest health care providers in the country, our trustees believe Baptist is the best fit for Boca Regional.”
The proposed merger is a huge marker of change for a community-minded hospital born out of tragedy in 1967. The horrific poisoning deaths of two young children and the absence of a local medical center became the impetus for its construction. The town had about 10,000 residents and a group of volunteers with a mission.
“The goal always is to be better,” said Joan Wargo, 88, who has logged more than 35,000 volunteer hours there over the past 50 years. “We have an expansion planned we have been working on for over a year. We are planning on building a new tower. I just hope people will understand … how much more progressive it’s going to be for the residents of Boca Raton. I think it’s great.
“I would not say it’s an end of an era. I say it’s the beginning of another one. We are not ending Boca Raton Regional Hospital by any means.”
In a May 2017 interview, Fedele spoke of the hospital’s close link to the community and its residents.
“We are really the sweet spot of medicine. We are big enough to provide the best care but small enough to still have that community atmosphere,” Fedele told The Coastal Star.
Today, this hospital has grown into a regional treatment complex with about 2,800 employees, 1,200 volunteers and approximately 800 doctors on staff. The Debbie-Rand Memorial Service League has provided more than $31 million to the hospital since the League’s formation in 1962.
The proposed merger would place the 400-bed Boca Raton Regional Hospital in partnership with the neighboring 400-bed Bethesda Hospital East in Boynton Beach — once a rival of sorts. Bethesda Hospital, with medical centers in east and west Boynton Beach, merged with Baptist over a 24-month period after an agreement was signed in 2015.
Fedele, who had planned to retire in 2018, has agreed to stay on through August 2019 to assist with the transition. Fedele has served as CEO of Boca Regional for the past 10 years.
Baptist Health South Florida said in a statement that “Boca Raton Regional Hospital aligns strategically with our organization and our plans to improve access to quality health care in our region. We share not-for-profit values of exceptional quality and service for our patients, high physician and employee engagement and a commitment to the communities we serve. We look forward to continuing to work with Boca Raton Regional Hospital through this process.”
In May, Boca Regional officials, looking to form a partnership, narrowed down talks to two potential partners, Miami-based Baptist Health and Cleveland Clinic.
The hospital is growing, and a $260 million program will transform the main building and add a parking garage and power plants.
Wargo can’t wait to see the results. “I am anxious to get to work,” she said. “Let’s go!”
Officials hope to complete the merger by the end of the year.

Iguanas are a common sight along the Intracoastal seawalls from Manalapan to Boca Raton. ABOVE: One suns itself on River Drive in Ocean Ridge. BELOW: A pack of eight on Sabal Island Drive in Ocean Ridge. Jerry Lower/The Coastal Star and photo provided by Jimmy McAndrew

Ocean Ridge studies limited plan; some say fix is up to residents

By Dan Moffett

Jimmy McAndrew says he has been tormented enough by the iguanas surrounding his Ocean Ridge home.
They have defecated on his patio. They have torn up his landscaping. And, worst, “They have scared my 98-year-old mother-in-law out of her wits.”
McAndrew’s frustration boiled over after he hired an animal removal company to set a trap in his backyard. When he went to check it, he found a 4-foot iguana sunning himself atop the cage, as if enjoying the Intracoastal view.
“They are disgusting creatures,” McAndrew said. During an April meeting of the Town Commission, he pleaded for help.
“Very simply said, we need an efficient, effective and inexpensive way to eliminate this non-indigenous reptile,” he told commissioners. “There is an epidemic of iguanas in the town.”
McAndrew is one of dozens of residents who have pleaded with the town’s administration for anti-iguana assistance. Ocean Ridge commissioners are listening and are considering a plan to hire an iguana contractor. Only a few South Florida communities have dared to take on the reptiles directly, so expectations are measured.
“You can’t use the word ‘eradication’ because by all accounts they can’t be eradicated,” said Town Manager Jamie Titcomb. “But they can be controlled.”
Beyond Ocean Ridge, complaints about iguanas are rising with their population. The reptiles relieve themselves on Manalapan’s boat docks, stop traffic on A1A in Gulf Stream and startle power walkers in South Palm Beach.
According to the state Fish and Wildlife Conservation Commission, the first known sighting of a feral iguana in Florida occurred in Miami-Dade County in 1966. But the species was flourishing throughout Central America and the Caribbean several centuries before.
Exactly when the critters migrated as far north as Palm Beach County is a matter of some dispute. Most wildlife officials believe it probably was the late 1990s.
Today, iguanas range at least as far north as Pasco County on the West Coast and St. Lucie County on the East. There is not even a guesstimate as to how many are here. The state has collected data on them but hasn’t tried to count them.
The collective opinion among the experts is that iguanas are here to stay and it’s up to the human population to adjust to them — like the other non-native invaders: lionfish, pythons and discourteous motorists from the Northeast.

Some killed by the cold
“Every species has its pros and cons,” says Carol Lyn Parrish, a public information coordinator with the state commission. “They’re fully established now. The only real predator is really another iguana, or a person.”
There is one other serious threat to iguana expansion: cold weather.
During the winter of 2009, an extended cold snap killed untold thousands, sending frozen lizards falling out of trees like autumn leaves. But temperatures have to fall into the 30s for days, and that hasn’t happened since.
Two decades ago, state officials and animal advocates were OK with disposing of iguanas by trapping and freezing them. But then research suggested that dying in a freezer was a painful death and animal ethicists protested.
Today, veterinary and wildlife organizations agree the accepted method for killing them is with blunt force trauma to the head. It could be a blow to the brain with a shovel, or a shot with pellet gun, or penetration with a captive bolt livestock pistol.
The preliminary plan in Ocean Ridge is to hire a contractor who will use pellet guns and trapping to at least put a dent in the population. Two contractors, Iguana Control Inc. of Fort Lauderdale and Wildlife Removal Services of Boca Raton, have submitted bids for the work.

A large orange-colored male is surrounded by a trio of younger iguanas near Lake Ida in Delray Beach. The iguanas likely are part of a colony. Females in a colony, usually at the same time, lay about 50 eggs once a year. Michelle Quigley/The Coastal Star

Debate on what to do

The rapid growth of iguana populations across the state is putting local leaders in a conflicted place, testing the boundary of how far government should be expected to go to solve constituents’ problems.
In Ocean Ridge, commissioners have debated whether iguana control should be the town’s responsibility or that of individual residents and homeowners.
Commissioner Steve Coz said during a June budget workshop that he worried the commission was becoming “a big HOA for the town.” Coz said the town didn’t spend any money to remove whiteflies from anyone’s property during infestations years ago. Why should it be different with iguanas?
He argued the town shouldn’t go forward with plans to hire contractors. Homeowners should step up.
“We’re like an HOA and taking personal responsibility away from everyone,” Coz said. “I find it peculiar because we’re such an independent community.”

As if taunting a resident’s attempts to eliminate it, this iguana perches on a trap. Photo provided by Jimmy McAndrew

Dozens of residents have petitioned the town to act, however — among them former Commissioner Zoanne Hennigan. She told the commission the problem is more than any one homeowner can handle.
“I have iguanas not only in my backyard but in two vacant houses on either side of me that are like iguana breeding grounds,” Hennigan said. “Even if I spend the money to trap them at my home, the two vacant houses next to me are not going to spend any money to do that.”
She said that, unlike whiteflies or no-see-ums, iguanas affect every property in town and raise public health concerns.
“It’s a townwide issue,” said Hennigan. “They bring salmonella bacteria when they poop. They poop all over your deck and your lawn. They’re more than just a nuisance. They’re a health hazard.”
(Wildlife officials dispute that assertion, saying it’s no worse than pet feces.)
Commissioner Kristine de Haseth said if the town does nothing it runs the risk of costing homeowners down the road: “Eventually it’s going to be a property value issue.”
Mayor James Bonfiglio has proposed setting aside $16,000 to hire a contractor for a six-month period to remove iguanas from the town’s public areas and then evaluate the progress or lack of it.
A majority of commissioners agreed — but with reservations.
“You’re not going to get rid of them overall,” Vice Mayor Don MaGruder said.
Titcomb drew a parallel between the iguanas of Ocean Ridge and the pythons of the Everglades.
“They weren’t anybody’s problem,” he said, “until they were a problem that had grown exponentially.”

Iguana facts and curiosities

• State wildlife officials insist that the feces of the green iguana (binomial name Iguana iguana) are grotesque and messy but not particularly disease-ridden and generally no worse than your dog’s waste.
• Confronted by humans, an iguana will nearly always choose flight over fight. Wildlife experts say they know of no reports of iguanas attacking humans or pets.
• Charges that they kill native lizards or other wildlife are unfounded. Iguanas are herbivores.
• Many animal experts claim iguanas have good memories. For example, if you scare one sufficiently with a blast from a water hose, it will remember the horror and is unlikely to return to your yard again.
• Is it legal to kill and eat iguanas? Yes, if they’re killed humanely. Properly prepared, iguana meat tastes something like a blend of chicken and gator. In Latin America, iguanas are known as gallinas de palo (tree chickens) and commonly enjoyed for dinner.
• Do manmade iguana repellents work? Hard to say. A range of products, from granules to liquid sprays, can be found online. Some reports suggest that hanging CDs or other shiny discs at strategic spots scares iguanas away because of the reflective surfaces.
SOURCES: Veterinary and wildlife organizations

Rich Mascolo watches activities at the YMCA in Boynton Beach. He raised money so children from the Caridad Center could continue to attend a Y camp free. Tim Stepien/The Coastal Star

By Rich Pollack

Lifting children who could use a helping hand is in Rich Mascolo’s DNA.
The son of two successful educators who recognized the potential in every child, and the nephew of an aunt and uncle who worked as teachers, Mascolo strayed from the “family business” and found success in advertising and marketing in New York.
Still, Mascolo, who lives in Ocean Ridge, couldn’t fully escape the calling that runs through the family bloodline.
Mascolo, who is on the board of the YMCA of South Palm Beach County, learned that a decade-long program that sends more than 80 children served by the Caridad Center — the largest free clinic in Florida — to the Y’s summer camp for free was in financial jeopardy. A major funder pulled out unexpectedly, leaving a gap of more than $25,000.
“Suddenly a significant number of kids were uncovered,” Mascolo said.
Determined to ensure all the children got to camp, Mascolo reached out to friends, family and associates to ask for contributions.
In the end, enough money was raised to avoid disrupting the 10-week Caridad YMCA camp at the Boynton branch.
“I just told the story,” Mascolo said.
An important part of that story is that a few years ago half of the children who had come to the camp had gone on to college.
“I was always taken with how successful the program was,” Mascolo said.
Children from the Caridad Center who attend the camp, many from families living below or near the federal poverty line, get the typical summer camp experience plus tips for healthy living and exposure to an academic element that includes math, science and the arts.
Mascolo, who says most of the contributions were in the $1,000 or $2,000 range, raised the bulk of the needed money in less than two months.
““It happened quickly because the cause is human, tangible and compelling ... and our pals have big hearts,” he said.
Mascolo’s devotion to the program for Caridad Center campers was the key to his success, says Barry Davis, executive director of the Y’s Boynton branch.
“You could see the passion and how much the program meant to him,” Davis said. “People just came up to him and said, ‘How can I help?’ ”
Mascolo, 63, and his wife, Bebe, became members of the YMCA in 2007, when they were still part-time residents, and saw firsthand the impact it had on the community.
“We got to know the Y,” he said. “We got a close-up look at what they were doing and we were knocked out.”
Mascolo said he and Bebe had no idea that the YMCA was a nonprofit organization and they didn’t know that it’s the Y’s policy never to turn anyone away who can’t afford to join.
“Once we understood that, we got involved,” he said.
First stop for Mascolo was the YMCA of South Palm Beach County’s marketing committee, where he set about trying to get the word out about all the YMCA does.
“What I wanted to do is help them uncover the obvious,” he said.
By 2015, Mascolo was drafted to serve on the Y’s board of trustees.
For Davis at the Boynton branch, Mascolo is a go-to guy, who is always looking for ways to help the organization.
“When you think of a cheerleader or an advocate, that’s Rich,” Davis said. “No matter what challenges we face, Rich is always a positive force.”
Mascolo points to a common denominator between what his parents and aunt and uncle dedicated their work to and what the Y sets out to achieve.
“They tried to build bridges for kids they thought would fall through the cracks and who don’t have advantages or access to resources,” he said. “The Y is about building bridges and filling gaps.”
His father became a superintendent of schools pioneering an alternative school program, while his uncle created an innovative program and was recognized as “Teacher of the Year” by Bill Clinton. His aunt was a reading specialist who developed creative techniques for her students, while his mother was an elementary school teacher, beloved by her students.
“All of them recognized the potential of every child,” he said.
Mascolo says the Y has a similar vision. “When I see the kids in the Caridad YMCA camp having the greatest day of their lives, I think about the kindness of all the people I reached out to,” he said.

NOMINATE SOMEONE TO BE A COASTAL STAR
Send a note to news@thecoastalstar.com or call 337-1553.

I’ve watched one tide turn since we started this newspaper almost 10 years ago: Where there once was a reluctance to utter the words “sea level rise” from the dais, the phrase now is part of the municipal vernacular during discussions on building regulations and comprehensive planning.
It’s about time.
Our larger cities have begun to hire sustainability officers, and most of our barrier island municipalities have identified at least one official to participate in regional groups looking for solutions to the rising waters in our backyards. It’s heartening to see this progress.
But planning for the inevitable will take time, so what we can do now? Simple: maintenance.
The first leaks in our current island drainage plans come when we don’t pay attention to our infrastructure. All municipalities between the ocean and the Intracoastal Waterway should build infrastructure maintenance into the budget plans they will discuss over the summer. Residents should demand it. Local Realtors should demand it. Coastal businesses should demand it — especially builders.
We all know the value of property in this area. If we don’t act soon, we stand to watch those very attractive values sink as the water rises. Taxpayers expect roads, sea walls, outflow valves, swales and drainage systems to be regularly checked and maintained.
The fact that they often haven’t been is deeply concerning. Discovering that a neighborhood has a problem only when the streets flood is unacceptable.
Now is the time to budget for maintenance and repairs. Fix the existing problems. Enforce the building codes that are already on the books. Make sure that new construction doesn’t have a negative effect on existing drainage systems. And plan for the future.
I don’t think you’ll hear any complaints from the taxpayers.

— Mary Kate Leming,
Editor

An article on the Streetwaves surfing program incorrectly stated that Streetwaves received support from the city of Deerfield Beach. Streetwaves is not affiliated with Deerfield Beach.

We read your column in the July issue of The Coastal Star (“With anger everywhere, violence not a surprise”) and were saddened, but not surprised, to learn of the challenges you and your staff face in the execution of your duties at the paper.
We are from the Annapolis area and we mourn the senseless loss of the five dedicated staff members at the Capital Gazette.
In the unfortunate era in which we now live, a free press is more vital than ever.
We wanted to let you and your team know how much we appreciate and value the work that you do. We support you without question.
Matt Gaffney and Ned Kesmodel
Delray Beach

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

By Jane Smith

The Delray Beach mayor measures the drop in overdoses by the sound of silence.
“We no longer hear the sirens blaring from rescue vehicles racing to the next overdose,” said Mayor Shelly Petrolia. “It used to happen several times a day. … I always worried whether that person would make it.”
She also sees fewer addicts wandering on city streets wheeling suitcases behind them, indicating they were kicked out of sober homes.
At the peak of the opioid epidemic in Delray Beach, police responded to 96 overdoses in October 2016. Eleven were fatal.
Since that time, South County coastal cities and the county have worked together to rid the area of rogue operators. The state attorney received state money in July 2016 to start a Sober Homes Task Force. More than 50 people have been arrested on patient brokering, marketing abuse and insurance fraud charges.
Delray Beach had eight fatal overdoses in the first six months of 2018 ­compared with 37 deaths in the same period in 2017. Boynton Beach recorded 20 deaths this year and 33 fatal overdoses in the same period last year.
Delray Beach also has a social worker on its police force. Ariana Ciancio visits overdose victims in the hospital and helps get them into treatment or tickets back to their home cities.
The city recorded no fatal overdoses in June, but seven people died from overdoses in July.
“On the streets, I see the numbers ebb and flow,” Ciancio told the Sober Homes Task Force in late July.
Meanwhile, Lantana saw its fatal overdoses increase from one in the first six months of 2017 to four during the same period in 2018. Police Chief Sean Scheller said the numbers don’t present “a huge problem. We have a collaborative effort with other police agencies to go after the drug dealers to stop the sale of drugs here,” Scheller said.
He also said that with drugstores selling Narcan, the name brand of naxolone, sober home operators might not call 911 for an overdose.
While Boca Raton does not track fatal overdoses, its Fire Rescue Department tracks naxolone it administers. Naxolone is given to overdose victims to counteract the symptoms. For the first six months of 2018, the medication was given to 62 patients at a cost of $3,113, down from 79 patients receiving the medication during the first six months of 2017. The cost was down 3.5 percent from $3,226.20.
“The numbers speak for themselves,” said Chrissy Gibson, Boca Raton spokeswoman.
In addition, Delray Beach and Boynton Beach have passed ordinances that cover sober homes. An operator has to apply annually for a reasonable accommodation that allows more than three unrelated people to live together in sobriety — needed to have protection under federal disability laws.
Boynton Beach Mayor Stephen Grant credits that ordinance for making “a huge difference.”
Sober homes will have to be certified by the Florida Association of Recovery Residences to open in both cities.
Delray Beach city commissioners will take up their first exception case on Aug. 21. The city has a distance requirement for group homes to prevent clustering.
At the July 16 Planning and Zoning Board meeting, Stepping Stones’ application to open was denied because the Osceola neighborhood the recovery residence is in already has three others within 660 feet.
Stepping Stones was operating when the distance ordinance was passed and only recently came to the city’s attention. City staff recommended approval, but the P&Z board denied it. Several neighbors spoke against it.
The commission has the ultimate say.

By Dan Moffett

When a Publix Super Market held its grand opening in Spotsylvania County, Va., last month, shoppers started lining up before 2:30 a.m. to be there when the electric doors parted at 7.
It’s unlikely Manalapan will match that level of consumer fervor. But make no mistake, in their own way, Manalapan residents are about as excited as those in Spotsylvania to get their new Publix.
After three years of polite yet persistent wrangling between town and corporation, Publix is set to open its supermarket at Manalapan’s Plaza del Mar on Aug. 16.
“We’re very, very happy with what’s going on here,” said Mayor Keith Waters. “They’ve done a remarkable job. They’ve been very cooperative with the community in addressing our needs.”
Those needs included architectural features not typically seen in nearly all the other 1,188 Publix stores.
It took the town and the company more than 10 months to agree on a sign design. There will be no iconic green and white Publix trademark atop the front doors — but rather, a tasteful, understated backlit marquee.
Dozens of 25-foot areca palm trees line the backside of the plaza to hide delivery trucks and a water tank needed to boost water pressure. The store’s exterior color palette is a tranquil, beiger shade of beige. The company’s proposal for a free-standing liquor store next to the supermarket was pronounced dead on arrival by town commissioners.
In floorspace, the new supermarket is about 28,000 square feet, roughly that of the Publix in downtown Lake Worth but 25 percent smaller than the one at CityPlace in West Palm Beach.
The doors of the new store will open at 7 a.m. Aug. 16, said Nicole Maristany Krauss, the company’s media and community relations manager. “Customers will receive an insulated Publix reusable goodie bag from the Publix Pharmacy and enjoy tastings in all departments,” she said.
The Publix is the centerpiece in a $10 million renovation of the 30-year-old Plaza del Mar.
Kitson & Partners, the plaza landlords, said the overhaul actually will shrink total retail space from about 103,000 square feet to 83,000 square feet. The sweeping overhaul includes new pavement, landscaping, signage and LED lighting.
The plaza has languished in recent years, town officials say, and the Great Recession that began in 2007 took a toll. Occupancy fell below 70 percent at times.
“It was tired,” said Vice Mayor Peter Isaac, who commended Kitson for giving the mall the makeover it needed.
Publix has chosen Wade Rinderknecht, who currently manages the CityPlace store, to take over as manager in Manalapan. He said employees would begin stocking the shelves the first week in August.
“I’ve always just loved being around people,” Rinderknecht said. “I’m looking forward to being part of the community here and serving the residents.”
Will the Manalapan store offer the town’s upscale consumers anything beyond the offerings of a typical Publix? Rinderknecht isn’t saying.
“We have some things in mind,” he said. “We’ll see.”
In other business, the Town Commission tentatively approved a substantial increase in the tax rate for the next fiscal year to cover the cost of expanding the Police Department.
During their meeting on July 14, commissioners unanimously signed off on raising the rate to $3.03 per $1,000 of taxable property value, up roughly 8 percent from the current $2.795.
With a 10 percent increase in property values during the past year, Manalapan expects to bring in enough revenue to help pay for a police and security expansion that could cost more than $500,000.
The town wants to add four uniformed officers to expand the force to 15, increase police salaries and benefits, and add to its network of surveillance and license plate recognition cameras.
Final hearings on the 2019 budget are scheduled for Sept. 18 and Sept. 25, both beginning at 5:01 p.m.

Slow progress on main angers residents

Work on South Atlantic Drive on Hypoluxo Island continued on July 24, past the Lantana Town Council’s July 23 deadline for the project’s completion. Jerry Lower/The Coastal Star

By Mary Thurwachter

Lantana officials have put the squeeze on Intercounty Engineering Inc., the firm hired to install water main pipes on South Atlantic Drive on Hypoluxo Island. The contractor, they say, has fallen behind schedule and isn’t doing a satisfactory job of cleanup after work each day.
Payments to the contractor are being withheld by Lantana’s engineering company, Mathews Consulting Inc. The contract is worth a little more than $1 million, and $671,000 is left to be paid, according to Rebecca Travis of Mathews Consulting.
In December, the town hired Intercounty Engineering, the lowest of three bidders, to install new 6- and 8-inch water mains along South Atlantic Drive and Southeast Atlantic Drive for additional fire protection, according to Linda Brien, Lantana’s director of operations. The project, along the island’s main street, begins at East Ocean Boulevard and South Atlantic Drive heading south to Lands End Road, where it turns east to the end of Southeast Atlantic Drive.
The original final completion date was July 3. However, “due to rain and unforeseen conditions, the town extended the completion date to July 23,” Brien said. That goal hasn’t been met and those who live in the area aren’t happy about it — or about the quality of work.
The work continued into August. The Coastal Star reached out to Maurice Hynes, president of Intercounty Engineering, for comment, but he did not reply.
Dan Hiatt, who lives on the island and has 40 years’ experience in construction, appeared at the July 9 Town Council meeting. He said that when the workers were cutting a trench, they threw dirt all over the road and did not clean it up, as the contract required.
Hiatt said the work had created a giant mess that is a safety issue.
“We’ve got a coalition of people that see me every day when I walk my dog that have been consistently calling and complaining about this,” said Hiatt. “We just want to figure out a remedy to this situation. How can we force his [the contractor’s] hand? What can we do to make this guy comply with the contract?”
Another resident, Erica Wald, complained about flagmen who “are always eating something or looking at their phone” when she tried to drive through the construction site. The mess left by workers has resulted in three flat tires for her car, she said.
Manalapan commissioners who live on Point Manalapan and gain access to their community by driving past the construction site, also expressed concerns at last month’s meeting of their Town Council.
Lantana Town Manager Deborah Manzo said the town is keeping close tabs on the work and that either someone from Mathews Consulting or someone from the town is on site every day.
“We feel the contractor is lacking in his attention to the project, his cleanup of the project, and his provision of asphalt patching on the trench every night that he’s required to do,” Mathews engineering consultant Travis told the Lantana council on July 9.
She said that the engineering firm was holding a monthly meeting with the contractor to bring these issues to light and that the town has had additional meetings with the contractor, or his project manager.
“When he [contractor] was not responding in the manner he should have, we issued a notice of noncompliance letter on June 28 to rectify the situation, and this was specific to the asphalt patching at the end of every single day,” Travis said. “He says he’ll do better. He has done slightly better, still not to our standards.”
In order for the contractor to finish the water main work sometime this month, he needs to have a second crew, Travis said. “Because the contractor is not meeting his contract completion times, the town can charge him $500 a day for each day he is late.” Those fines are piling up.
Hiatt wanted to know why the town didn’t red tag the contractor and shut him down.
Town Attorney Max Lohman said to do that would be “asinine in the extreme.”
“Then you’re going to have months more of what you don’t like now, because then we have to go through a process,” Lohman said. “Not to mention that we can’t collect liquidated damages on a project that we red tag and prevent him from doing construction.”
Lohman said the town was pursuing its remedies under the contract as it is required to do.
“We’ve provided written notice of his breach of contract for his failures to meet the terms of his contract and we’re taking all the necessary legal steps to move forward,” Lohman said.
Hiatt said one resident was threatening a lawsuit. But Lohman said that wasn’t a good idea.
“If a man feels so inclined to bring a lawsuit, he can go waste his money and do that because there are no third-party beneficiaries to this contract,” Lohman said. Not “he, nor you, nor anybody else in this town has the ability to sue this contractor for breach of contract. Only the Town Council does.”
Hiatt questioned how sincerely the town was taking his concerns.
“We are taking it seriously, and just so you know, we’re trying to make sure we jump though all the legal hoops, which sometimes are slower and more laborious then we’d like them to be,” Lohman said. “Because the only thing worse than this project not getting completed in a timely fashion is to waste money not getting it done and have to spend more money.”
The town could go after the contractor’s bond.
“If he does not cure his breach then we can put a claim on his surety bond, which will hurt him more than a lawsuit because once a contractor gets a claim on their bond it becomes nearly impossible to get another one,” Lohman said.
“We do realize that it’s a problem for people who live there, and the town is not insensitive to it,” Lohman said. “But we have to follow the proper legal steps to solve the problem for you.”
When Hiatt persisted to question the town’s willingness to act, Lohman bristled.
“No one here is blowing you off,” Lohman said. “We’re addressing your concerns. You’re not satisfied with the answer and I understand that. But I take issue with the fact that you’re going to stand here and ridicule this council and lecture us as if we don’t have backbone or don’t have the ability to enforce our contractual obligations on our contractor.”
After the July 9 council meeting, Mathews Consulting sent a second notice of noncompliance for the asphalt trench repair. Recommendations included constructing an asphalt cap over the trench and cleaning the road at the end of each workday. 
Brien said the contractor responded that “they are taking steps to follow the contract patching requirements.”
In other news, the council:
• Set the first budget hearing for 5:30 p.m. Sept. 12 in the council chambers. The proposed tax rate is $3.50 per $1,000 of assessed property value, the same as last year.
• Recognized Officer Mathew Parks as the Police Department’s Officer of the 2nd Quarter for his investigation into a large-scale car theft operation in the county.