The stump of a royal palm tree on one side of Federal Highway with four healthy ones on the other side of the road. Jerry Lower/The Coastal Star

By John Pacenti

Delray Beach Mayor Tom Carney sees the ghosts of dead palm trees. But Carney is not the kid in The Sixth Sense. Everyone else can see the stumps, as well.

Carney said residents have grown so used to his complaining about the cut-down royal palm trees on Federal Highway and Atlantic Avenue that they started calling it his “stump speech.”

The city on Sept. 4 planned to begin the process of replacing the eyesores. The first step is for a crew to grind down the stumps and remove the root balls of some 30 trees, Parks Director Sam Metott said.

The palm trees were cut down over the years because they were dying from disease or just old age. Some got hit by cars, Metott said.

“This is something that the mayor really was pushing,” Metott said. “It’s just taken us some time to get the budget allocated and then the purchasing process completed with quotes and bids from the vendors.”

Metott said the stump-grinding will cost taxpayers $25,000.

The issue of the tree stumps bubbled up during public comments at the Aug. 19 City Commission meeting when Mary McCarty, a former Delray Beach and Palm Beach County commissioner, said she has been “nagging” Carney since he came into office about the stumps.

“It sends a message that we don’t care about our town,” McCarty said.

Carney and McCarty said that diseased stumps are just as contagious as diseased trees.

Florida’s palms — not just royals — have been besieged by a bacterial disease for more than a decade, spread by tiny, winged insects commonly known as treehoppers.

McCarty urged the city to employ an arborist so that when the trees are replaced, they are properly taken care of.

City Manager Terrence Moore said in his Aug. 30 newsletter that the city will “develop a landscape plan that will offer specific guidance for palm tree care, removal, and replacement.”

McCarty urged the elected officials and the city manager not to be cheap with the replacements.

“We need to have them replaced with real royal palms,” she said. “I know they’re expensive, but you got … to put it in the budget, four or five of them a year, or some kind of plan.”

Metott couldn’t quote a dollar figure on how much it would cost to replace 30 royal palms. Homeguide.com puts the average price of a fully grown royal palm at between $450 and $650 — with installation extra — but McCarty said the city might be able to get a bulk deal.

The royal palm — Roystonea regia — is generally considered to be one of the most beautiful and is a cultural icon in Cuba and the namesake of a village in Palm Beach County.

Another option would be to plant baby or juvenile royal palms — but Metott said municipalities have learned residents aren’t fans of that plan. It takes 20 years for a royal palm to reach maturity.

“People don’t like putting in the smaller ones because it looks small and not grand and it takes years, but it’s very hard and very expensive to plant fully grown royal palms,” he said.

By Mary Thurwachter

It’s been 10 years since 72 acres of state-owned land — once home to the A.G. Holley state tuberculosis hospital — was sold to developers to build Water Tower Commons, the largest development in Lantana’s history.

While construction was slow to begin at the site on Lantana Road between Andrew Redding Road and North Eighth Street, it has since been populated with hundreds of snazzy residential apartments as well as commercial buildings such as Aldi, Wawa, Chick-fil-A and El Car Wash.

New to the mix are Dunkin’, which opened recently, and two restaurants about to open: Panda Express, a casual Chinese eatery, and Carl’s Jr., an American fast-food burger chain.

Another business, Fifth Third Bank, is under construction.

“When new tenants come in, they look to update the master signage program,” said Nicole Dritz, Lantana’s development director.

To that end, they brought in planner Sandra Megrue and her team from Urban Design Studios, Water Tower’s architectural firm, to address the Town Council on Aug. 12.

“The signage program has already been approved,” Dritz said, “but tenants are requesting a few changes.” For example, Dunkin’ wanted to have twice as many signs as the two it is allowed to have.

Council members held off on approving Dunkin’s request for four signs, but they did like the one that reads “Lantana Runs on Dunkin’.” Dritz said her staff would meet with owners of the coffee and donut shop to discuss a compromise and bring back a proposal later.

The council did approve signs proposed for Panda Express and Carl’s Jr.

Two other Water Tower Commons variances brought forward by Megrue won council approval. One had to do with the landscape plan, in particular a change in some trees planted beside the car wash to better block the view from neighboring houses; another was asking to reconfigure the drive-through lanes at Panda Express and Carl’s Jr.

Megrue said Carl’s Jr. will have outdoor seating, Panda Express will not.

Although it was not part of the variances requested, Vice Mayor Pro Tem Kem Mason was concerned about the noise made by the blowers at the car wash.

“The town manager, Mr. Raducci, and I were both at the very end of the blower and it’s really loud and I was wondering if there’s anything neighborly we could do,” Mason asked, referring to Brian Raducci. “If you’re that house,” the one closest to the car wash, “I think your property value just sunk a lot.”

Mason said the car wash mufflers aren’t doing enough to buffer the noise. He asked if perhaps a sound barrier wall could be put up or vegetation added at the very end where the blowers are located and where cars drive out.

“It’s just not acceptable for the people that live there,” he said.

Hunter Monsour of Lantana Development Company, part of Megrue’s team of experts, told Mason he would go with him to the car wash to inspect the mufflers to see if anything could be done.

“Maybe nothing can be done, but we have to at least try,” Mason said.

Reading tutors sought — Library director Kristine Kreidler said the town has teamed up with the Literacy Coalition of Palm Beach County to offer tutoring this fall between 3:30 and 5:30 p.m. Thursdays at the library.

“We do need volunteers and have applications,” Kreidler said.

The job does require training.

“The relationship between the students and the tutor is very important, so it does require a commitment as well,” she said.

For more information, call 561-540-5740 or email librarystaff@lantana.org

Stormwater and flooding program — The Town Council voted to establish a comprehensive Stormwater and Flooding Improvement Program.

This was the town’s way of addressing the increasing challenges posed by stormwater runoff and flooding within the coastal community and outlines a proactive approach to mitigating flooding risks by implementing strategies that reduce the runoff and improve drainage infrastructure.

Fence height limit modified — Fences in the public zoning district have been limited to 8 feet but will be allowed to be 10 feet tall, thanks to a modification of town rules. The Town Council was spurred to make the change after the planning commission recommended it. This modification was requested as a result of town staff’s application for a building permit for new fencing at the town’s tennis courts.

— Mary Thurwachter

By Jane Musgrave

A week before Florida officials ignited a firestorm when plans surfaced for a golf course at Jonathan Dickinson State Park, Boynton Beach took steps to make sure Harvey E. Oyer Jr. Park will never be developed.

The move, which brought sighs of relief from dozens of commercial and recreational boaters, came even though there were no plans to develop the 8-acre waterfront park on Federal Highway that is named after a former city mayor, commissioner and pioneer who died in 2010.

“There was never any developer who came through to the city inquiring about developing the park,” City Manager Dan Dugger said after the Aug. 20 City Commission meeting.

Commissioners agreed that a restrictive covenant should be placed on the land to close a loophole that would have allowed the commercial use — or sale — of the park, which has a boat ramp that provides access to the Atlantic Ocean.

“We have used it for many years and will continue to use it for many years,” Vice Mayor Aimee Kelley told the dozens of boaters who crowded into the meeting. “We want to protect the park in perpetuity.”

Commercial development, including hotels and restaurants, would be prohibited under the proposal commissioners tentatively embraced. However, commissioners and boaters agreed a tackle shop would be a welcome addition.

If boaters forget ice, bait or other supplies, they have to leave the park to stock up, said Commissioner Thomas Turkin.

“It would be the same way we service the golf course with a private vendor … or the beach,” he said. “The fishing community deserves the same access.”

Turkin said he suggested that a restrictive covenant be placed on the park after Dugger alerted him that there was nothing that would block most of the park from being turned over to a private developer.

Part of it would be protected because the city accepted a $125,000 grant from the Florida Inland Navigation District to build a dock at the park for the police and fire departments. As part of the grant approval process, the city agreed to keep that part of the park in public hands, Dugger said.

While doing research for the grant, Dugger said it became clear that there was nothing to protect other parts of the park from development.

Dugger noted that the need for the restriction was starkly illustrated in the days after the meeting when the Florida Department of Environmental Protection acknowledged it was considering plans to let a private group build a 600-acre golf course on the 10,500-acre Jonathan Dickinson State Park, just over the Palm Beach County line in Martin County.

Faced with intense opposition from park lovers, environmentalists and lawmakers, the group withdrew its plans. But, as part of the state’s 2024-2025 Great Outdoors Initiative, development, including hotels and pickleball courts, is being considered in other state parks.

The commission has already recognized the need to protect city parks, Dugger said. In 2023, the commission prohibited development in a passive park next to Leisureville and did the same for Meadows Park.

He “wouldn’t be surprised” if more get the same protection.

Commissioners said they want to make sure the covenant remains in place. A unanimous vote of the commission should be required to lift the restriction, Turkin said.

Boynton resident Susan Oyer, who is the daughter of Harvey Oyer, said more protection was needed. She suggested that a referendum be required.

Turkin and Commissioners Angela Cruz and Woodrow Hay supported Oyer’s idea. “You should decide, not the people sitting up here,” Hay said.

Kelley sided with City Attorney Shawna Lamb, who said she didn’t think the matter could be decided by referendum. She promised to do additional research before the commission votes on a measure that would prohibit the development of the park.

Mayor Ty Penserga was absent.

The vote will probably come in November or December, Dugger said.

Turkin urged city residents to remain vigilant. “Do not lose sight and make sure you pay attention,” he told those who filled the commission chambers. “Because if you don’t pay attention, things like this will happen.”

By John Pacenti

Could there be peace in Mudville? 

There seems to be at least a detente between the East Boynton Beach Little League and the city of Boynton Beach. Meanwhile, the league’s players keep bringing home trophies, leaving the drama to the adults.

August, though, started with a new episode of “How the Little League Turns,” when the city severed its contract with the Little League, saying it violated its 2022 contract by failing to pay to be the city’s baseball provider at the sports facility on Woolbright Road. 

The Aug. 8 letter did not say how much the Little League owed the city: “Accordingly, the termination of the agreement will not affect your right to continue to request permits for the use of Little League Park through the Recreation Parks Department. However, a fee will be required to continue to use the park.”

The letter came two days after the Boynton Beach City Commission met in closed session with its lawyer to discuss the litigation the Little League brought against the city for greenlighting the renovation of the field used by the league’s most senior team — thus forcing it to use fields elsewhere in the city.

Then on Aug. 20, the clouds parted and the two frenemies made peace. Commissioners mentioned the barrage of emails they’ve received on the issue. The Little League asked parents to stand down on attacks — through email or social media — against the city.

In an email the Little League sent out to families, it said negotiations were fruitful in regards to field use “and a long-term partnership.” The Little League said it has confirmed its permit requests for the fall season and that the city has committed $1 million toward T-ball fields and park repairs.

The Little League said a “new sports provider agreement” will be forged to protect field use and future involvement of the Little League in any planned renovations of baseball facilities.

The two sides mutually buried a much-hated proposal to build a 17,000-square-foot indoor facility at Little League Park. 

And, most important, city commissioners at their Sept. 3 meeting recognized the EBBLL’s 11-and-under All-Stars for their state championship this year. 

“The city is committed to EBBLL long-term and wants to support us,” the email to parents and coaches went on. “These are truly wonderful events in the first step towards resolving this long-fought battle.”

The Little League then directed “everyone to discontinue any public/social media/or email campaigns against the city as we know many rumors are flying around.”

At the Aug. 20 commission meeting, City Manager Dan Dugger said the city would sign a new sports provider agreement when the Little League drops its lawsuit.

Dugger read the email from the Little League to parents and coaches.

“A lot of misinformation was definitely out there,” Dugger said. “We were able to clear up a lot of that misinformation, and we made some real progress.”

He said one false rumor was that he personally would benefit from the indoor facility and aimed to privatize the fields. “I can tell you honestly that was a complete lie,” Dugger said. “There were also allegations I got a kickback of a blue Camaro or Corvette.”

City Commissioner Thomas Turkin seemed to still be bothered by the rumors, asking City Attorney Shawna Lamb if Dugger had the authority to make unilateral decisions on the use of the fields. She told him the city manager does not.

Earlier this year, parents and players blasted the commission over the renovation of the biggest field — which now has synthetic turf. They were also upset over the proposed indoor facility, clashing with the sports agent working to build it.

However, the fields have a storied history in the city. The team of 10- to 12-year-olds reached the 2003 Little League World Series. Then, when Hurricane Wilma devastated the fields in 2005, ABC’s Extreme Makeover: Home Edition renovated them for the television show.

By Tao Woolfe

While celebrating its 15th year in business, The Coastal Star received 13 awards for excellence from the Florida Press Association, a nod to the paper’s reporters, photographers, and artists who are showing how the paper endures.

“These are difficult times for practicing journalism, but The Coastal Star continues to hang tough, and with the strength and depth of our team — and our business partners — we keep looking forward,” Mary Kate Leming, the paper’s executive editor, said at the beginning of 2024.

The monthly newspaper — which was competing in an awards division dominated by the state’s largest weekly publications­ — won five first-place awards this year, four second-place awards, and four third-place awards for writing, photos and graphics.

The awards, from the 2024 Florida Press Association Weekly Newspaper Contest, were announced in July.

One of the first-place winners was a profile by Brian Biggane of tennis star Coco Gauff’s grandmother — Delray Beach resident Yvonne Odom — who watched the young athlete become a U.S. Open champion.

Biggane used the tournament backdrop to portray the “almost legendary” status the Odom/Gauff family has achieved in Delray Beach since the 1950s. Odom, for example, was the first Black student to integrate Seacrest (now Atlantic) High, in 1961.

Reporter Ron Hayes took home a first-place award for his story about the sartorial splendor of John Jackson, a longtime staffer at Harbour’s Edge luxury senior living community in Delray Beach.

“Relaxing at a table outside the Edgewater dining room before his 5 p.m. shift, he sports a suit so red it almost could make Santa jealous, a black dress shirt, red-and-black plaid socks, a white necktie and white boutonniere,” Hayes wrote.

Hayes also won a first-prize award for an obituary he wrote about Vin Dinanath, longtime owner of Gulfstream Texaco — the only gas station along State Road A1A in the 47 miles between Palm Beach and Fort Lauderdale.

Reporters Rich Pollack and Jane Musgrave won a first-place award for a breaking news story about how the execution of Duane Eugene Owen for two brutal murders — including that of teen Karen Slattery while babysitting in Delray Beach — would not make the pain go away for the victims’ families.

Besides the families’ pain, the piece explored the crimes and examined the psychology of the murderer through the lens of his own horrific childhood.

Pollack also received a first-place award for a column he wrote about some of the best birdwatching spots in Palm Beach County. With a little patience and binoculars, people can spot some of the rarest of birds— such as a red-legged thrush and La Sagra’s flycatcher — in coastal hammocks and nature preserves, he wrote.

A second-place award went to local photographers Peter Cross and Susan Wasserman, who provided photos for Pollack’s story on birding destinations.

Photographer Tim Stepien won a second-place award for a feature photo depicting people finding inspiration on the beach at sunrise.

The Coastal Star staff scooped up second-place awards for an arts season preview supplement and in “general excellence” for the March, April and October editions. The same editions earned a third-place honor for graphic design.

Reporter Sallie James won a third-place award for an obituary about Doug Baumgarten, the longtime dockmaster of Briny Breezes.

Third-place awards also went to reporter Joe Capozzi for a story about a bicyclist who gave up riding along State Road A1A after a debilitating collision with a truck; and to reporters Charles Elmore, Larry Barszewski and Steve Plunkett for in-depth reporting about how the state’s new financial disclosure requirements were leading some elected council and commission members to give up their seats rather than comply.

“I am so very proud of the work done by everyone for The Coastal Star,” Leming, the executive editor, wrote in her award announcement memo. “Fifteen years and still going strong!”

By Rich Pollack

DELRAY BEACH — Roy Simon loved Delray Beach.

A Delray native and a descendent of one of the community’s first families, Mr. Simon had a passion for his hometown. That energy charged much of his work and focused his vision on ideas that define Delray Beach even today.

An architect whose blueprints underlay notable Delray Beach buildings and numerous homes, Mr. Simon was at his drawing board for 65 years and was putting plans together until shortly before his Aug. 14 death. He was 93.

“My dad was a visionary,” said his daughter, Laura Simon. “He could see the potential of the city and believed in it. He believed Delray was special and could always be better.”

Mr. Simon’s dedication to the community helped make it easy for others to share his vision.

“When Roy Simon talked, people listened because what he said wasn’t about personal gain, it was always about the betterment of the community,” said Mark Denkler, a longtime downtown business owner who along with his wife hired Mr. Simon to help with plans for a 1939 home he is renovating. “He was devoted to the town.”

Born in the family home — he never went into the hospital until a few weeks before his death — Mr. Simon was one of four brothers who attended Delray Beach Elementary School and Delray Beach High School. He graduated in 1948, went on to receive degrees from Georgia Institute of Technology in Atlanta, and later served as a captain in the U.S. Air Force before returning home.

One of the founders of the Delray Beach Historical Society, Mr. Simon was among the leading voices advocating for the preservation of the buildings that made up his elementary and high schools and that eventually became Old School Square.

That was just one of many community efforts he stood behind.

“My dad was involved in everything,” Laura Simon said. “I don’t know how he did it.”

Mr. Simon is credited with creating the Delray Beach Gladiola Fest, which evolved into the Delray Affair.

In a 2022 conversation with The Coastal Star, Mr. Simon recalled how the idea was born after he saw a street festival while visiting relatives in Winter Park. “I came home and said, ‘We ought to have this in Delray,’” he said.

Mr. Simon was also one of the driving forces behind efforts to keep the state from widening Atlantic Avenue, thus helping the downtown to blossom.

“My dad always saw the potential, not just that moment, but bigger,” Laura Simon said. “Maybe that comes from his architectural background.”

It was Mr. Simon who stepped up in 2011 to help organize Delray Beach’s centennial celebration after realizing that little was being done to mark the occasion.

Mr. Simon was active in several community service organizations including Rotary and Lions Club. He was involved in the Little League and served two terms as president of the Delray Beach Chamber of Commerce.

“Delray is a community and Roy was one of the community torch bearers,” Denkler said.

Mr. Simon was the founder of the Delray Beach Downtown Development Authority that his daughter now leads.

He served on a couple of city boards and ran once unsuccessfully for what was then the Delray Beach City Council, but found that he was better behind the scenes.

“He was the quintessential Delray guy,” Laura Simon said.

Mr. Simon was a lifelong member of St. Paul’s Episcopal Church, where he served as chalice bearer, acolyte and on the vestry.

Throughout his lifetime, Mr. Simon was known for his kindness and for being the gentleman in the room.

“He was that guy,” Laura Simon said. “He always cared and would always see the good in everyone. He was a gentle giant. He was just 6-foot but he always seemed bigger.”

A devoted family man, Mr. Simon was married to his wife, Beth, for more than 60 years until her death last year. He is survived by his three children, Michael (Charlene), Laura (Sven Mautner) and Christopher (Claudia); three granddaughters, four grandsons and five great-grandchildren.

A funeral service was held on Aug. 25 at St. Paul’s Episcopal Church. A military burial followed at the Delray Beach Cemetery.

In lieu of flowers, the family asks for donations to St. Paul’s Episcopal Church or the Delray Beach Historical Society.

Terran Orbital, based in Boca Raton, is in the process of being acquired by defense contractor Lockheed Martin. Photo provided by Proof Photography

By Christine Davis

Terran Orbital’s Tyvak Nano-Satellite Systems Inc. was recently awarded $254 million by the Space Development Agency to produce 10 satellites for the Tranche 2 Transport Layer Gamma contract.

Terran Orbital, based in Boca Raton and in the process of being acquired by Lockheed Martin, will undertake the design, construction, integration, testing and delivery of these satellites. This will include the integration of the associated ground control system and the execution of launch and early operations.

These satellites will carry equipment designed to detect and respond to threats through the Proliferated Warfighter Space Architecture. PWSA envisions a constellation of hundreds of satellites in low-Earth orbit, featuring advanced satellite communications, data transport, missile warning and missile-tracking functionalities.

“Our ongoing collaboration with the Space Development Agency across multiple Tranche iterations has been immensely rewarding, and we deeply value their continued trust in our capabilities,” said Marc Bell, chairman, co-founder and chief executive officer at Terran Orbital.

Delivery for launch is scheduled to begin in 2027.

***

Dort Financial Credit Union, which was acquired by Flagler Bank last year, celebrated its new ownership with ribbon-cutting ceremonies at its four Florida branches, one of which is at 5255 N. Federal Highway, Boca Raton.

Now being operated as Flagler Credit Union, a Division of Dort Financial, it is served by the same staff and will provide expanded services later this year. Former Flagler Bank President Ed Sterling is now the chief operations officer of Flagler Credit Union. 

Dort Financial Credit Union was founded in 1951 and serves more than 110,000 members with assets exceeding $2 billion across 11 locations in Michigan and four in Florida.

Membership is open to individuals in Michigan or Palm Beach, Martin, Hendry and Broward counties. For more information, visit flaglercu.org.

***

BrickTop’s restaurant plans to open a Delray Beach location at 12 NE Fifth Ave. by next summer.

The Nashville-based chain updated the site plan application it submitted in October 2022, which was reviewed and approved by the city’s Site Plan Review and Appearance Board on July 24. Sited on a 0.37-acre lot, the new 4,420-square-foot Deco-style restaurant will have a 580-square-foot mezzanine for additional dining and 21 on-site parking spaces. 

The site plan application listed Jeffrey A. Costello, principal of the Delray Beach-based JC Planning Solutions, as the restaurant’s agent. The lot is owned by 12 NE 5th LLC, with Pascal Liguori of Delray Beach-based Premier Estate Properties listed as the registered agent. The LLC paid Bethesda Hospital Foundation Inc. nearly $3.6 million for the commercial site in May 2021. 

***

The health food cafe Pura Vida, founded by Omer and Jennifer Horev in 2012 with more than 20 locations in South Florida, is scheduled to open this month at 6 S. Ocean Blvd., Delray Beach, taking the place of the former BurgerFi, which closed this year. 

***

A newly completed seven-bedroom, 14,427-total-square-foot waterfront estate at 360 E. Alexander Palm Road, Boca Raton, in the Royal Palm Yacht & Country Club, sold in July for $28.5 million.

The 360 East Alexander Palm Road Trust, with Miami attorney Jay M. Sakalo as trustee, was the owner. The buyer is listed as Alexander Palm Road Trust, with Coral Springs attorney Larry A. Rothenberg as trustee. David W. Roberts of Royal Palm Properties represented the seller in the deal, while Carmen D'Angelo & Joseph Liguori of Premier Estate Properties represented the buyer.  

On a 0.48-acre property along a canal leading to the Intracoastal Waterway, the home was built by Boca Raton-based SRD Building Corp.

***

Alan B. Miller and his wife, Jill, sold their Manalapan oceanfront estate at 3 Ocean Lane for $18.25 million to Corinne Anna Buckley. Alan Miller founded Universal Health Services, a chain of hospitals and other health-care providers, in 1979.

The Millers paid $2.25 million for the house in 1992 and remodeled it in 2001.

Pascal Liguori and Antonio Liguori of Premier Estate Properties were the listing agents. Matthew Moser and Nicholas Gonzalez of The Matt and Nick Team at Serhant represented the buyer.

***

The 1964 East Royal Palm Trust — with Robert C. Kopple as trustee and Andrew and Stephanie Left as homestead property owners — sold a residence at 1964 Royal Palm Way, Boca Raton, in the Royal Palm Yacht & Country Club, for $15.8 million. It was purchased by RP 1964 Trust, with Paul A. Krasker as trustee. The Lefts bought the property for $11.25 million in January 2021.

Andrew Left heads the California-based Citron Capital. In late July, the SEC filed a civil lawsuit against Left accusing him of stock fraud. The U.S. Attorney’s Office for the Central District of California also charged Left with felony securities fraud. Both cases remain pending.

David W. Roberts of Royal Palm Properties represented the seller in the deal, while Jessica Schuble of Serhant worked with the buyer.

***

Boca Raton-based Concierge Property Solutions was named development consultant for the 28-unit Glass House Boca Raton residential development at 280 E. Palmetto Park Road.

***

The Lantana Chamber’s Leadership Program, which runs through March 2025, offers firsthand experiences, behind-the-scenes access, and an inside look at how the community works and the challenges it faces.

The program aims to help participants hone their leadership strengths, find new areas to make contributions and grow a network.

The kickoff event is scheduled for 5:30 to 7:30 p.m. Sept. 12 at Ravish Off Ocean, 210 E. Ocean Ave., Lantana.

The cost of the program is $350 for Lantana Chamber members and $400 for non-members. To register, visit lantanachamber.com/2024-2025-lantana-leadership.

***

Florida Atlantic University’s Dorothy F. Schmidt College of Arts and Letters presents “The Constitution Today” with Emily Bazelon and Katie Phang at 2 p.m. Sept. 17.

Bazelon, staff writer for The New York Times Magazine, will share her expertise on how the U.S. Constitution continues to shape and influence contemporary legal debates and social issues.

Phang, host of The Katie Phang Show on MSNBC and a legal contributor for NBC News and MSNBC, will provide analysis and commentary on the associated legal issues across the globe. A panel discussion will follow the presentations.

The event is sponsored by the FAU School of Communication and Multimedia Studies; Department of Political Science; Division of Student Affairs; and the Osher Lifelong Learning Society.

It will be held at the Osher Lifelong Learning Society’s Barry and Florence Friedberg Auditorium, 777 Glades Road, on FAU’s Boca Raton campus. Tickets are $20 and are available at 561-297-6124 or fauevents.universitytickets.com/w/event.aspx?id=6264.

Send business news to Christine Davis at cdavis9797@gmail.com.

Correction: An earlier version of this column misidentified the buyer's representative in the sale of 360 E. Alexander Palm Road in Boca Raton. The representatives were Carmen D'Angelo and Joseph Liguori of Premier Estate Properties.

By John Pacenti

Fearing businesses would leave Delray Beach over soaring costs, Mayor Tom Carney successfully spearheaded the move for a city tax cut at a meeting where department heads said such relief would necessitate significant reductions in services.

“The people who actually made Delray Beach, who gave it the buzz and did all the stuff that everybody wants to come to, well we’re crippling them,” Carney said.

Commissioners Juli Casale and Tom Markert joined Carney — all elected to the commission in March — in rolling back the preliminary tax rate July 25 to just a tad over $5.90 for each $1,000 of taxable value to support the city’s projected $187 million budget. The city also has a small second tax rate to pay off voted debt.

The $5.90 per $1,000 rate is the city’s “no new taxes” rolled-back rate that’s highlighted on tax notices that are sent out to property owners in August. Many cities lower their tax rates by a small amount from year to year to show their concern for taxpayers, even though they still rake in more tax revenue because property values have risen. That’s not what Delray Beach did.

“I’m freezing the taxes to at least what they were last year — that is the goal,” Carney said in a July 27 interview.

The only new property tax revenue for the city would be from new construction completed in 2023.

Both Carney and Markert said they campaigned on cutting taxes, while Casale at the meeting floated the idea of charging non-residents $35 to park at the beach to make up for lost revenue.

Commissioners Rob Long and Angela Burns voted against proposing the lower rate at the meeting — the commission’s third budget session in July.

Potential budget impact
In a dramatic show, Long asked Police Chief Russ Mager if under the rollback rate would he be able to have additional patrols, such as the one just added for the beach pavilion after June 21 gunfire there.

Carney and City Manager Terrence Moore tried to intercede, but Mager said, “If you cut my budget, it does not allow for me to do what I want to do, what’s necessary to keep the city safe at a level that we are expecting from our Police Department.”

Moore, at a budget workshop on July 16, said the rollback rate would result in a tax cut for residents.

A homesteaded property with a taxable value of $1 million last year would save about $278 in the property tax assessment tied to the city’s operating budget, bringing that portion of its tax bill to about $6,083. 

Moore originally proposed a slight reduction in the city’s operating tax rate — set at $6.36 per $1,000 of taxable value last year — to roughly $6.26 per $1,000. The tentative rate the commission approved would eliminate almost $5 million in expected tax revenue, according to a city budget presentation.

Casale said her beach parking proposal for non-residents would generate $5.5 million — if all available parking spaces were taken by non-residents every single day of the year. 

Moore had police, fire, parks and public works officials present proposed cuts that were politically painful at the commission’s July 25 meeting. 

In addition to Mager’s presentation, Acting Fire Chief Kevin Green said he would decrease the number of men per truck for some shifts. And events — such as the Christmas Village — would need to be curtailed.

“Instead of cutting one big event that might get people upset, it’s just reducing all of the events a little bit, right across the board, to pull them all back a little bit, and we can save upwards of $175,000 by doing that,” said Parks Director Sam Mettot.

After the commission’s decision was made, Moore said he was determined to make Carney’s plan work without substantial cuts and proposed an Aug. 13 workshop.

Long fears services will have to be cut to balance the budget, which he said is not what residents want.

“The integrity of our events impacted, and our maintenance impacted, potentially, our tourism economy impacted, I’m going to guess they’d be willing to pay that extra eight or nine bucks a month,” he said.

Now is the time, mayor says
Carney defended his plan, saying the upcoming fiscal year may be the only opportunity for the city to give tax relief because the previous commission approved a new fire employee contract that will cost an additional $22 million next year.

“We’re taxing people to death,” Carney said. “It’s got to stop. This is not a sustainable way to continue by just keep raising taxes every year without going in with a very sharp pencil and seeing what we can cut.”

The approved tentative rate is all but set in stone. The commission, before formally adopting the budget in September, could raise the rate — but it would need to pay to have new tax notices mailed out to all city taxpayers and give them additional time to weigh in.

Property values are skyrocketing throughout South Florida, so keeping the tax rate unchanged isn’t enough to hold the line on taxes. Even making small cuts to the tax rate can still result in tax increases.

Delray Beach saw a nearly 10.9% increase in property value citywide in the past year. Homesteaded properties catch a break because Florida caps their assessed value increases at 3% a year.

Businesses, rental properties and second homes are on the hook for more, with their annual assessed value increases capped at 10%. Those costs are often passed on to the diner and the renter. “We are going to price them out of the market,” Carney said.

Resident Joy Howell said property owners are also getting hammered with increases in property insurance. “I had one property that went from $12,000 to $18,000 a year in insurance for this year. That’s outrageous,” she said.

Carney — who was previously mayor in 2013 — said services don’t have to be cut. He said the city has about 30 open positions that have been advertised for more than a year and are fully funded.

“That’s a million dollars a year,” Carney said. “They would have been cut in every other municipality.”

A 2022 home in Ocean Ridge was built to a raised minimum elevation based on its flood zone. Under new FEMA flood maps that take effect in December, if this home were replaced, the new base level would have to be three feet higher -- and the ground floor of any home built on the empty lot next door would have to be just as high. Jerry Lower/The Coastal Star

Long-term engagement with FEMA planned in effort to lessen burden on residents

By Anne Geggis 

New flood maps expected to take effect later this year will put 5,800 new Palm Beach County coastal parcels in special hazard zones, and thousands more property owners will be required to elevate their homes to even higher levels if they want to rebuild or make major renovations.

The new maps are the first flooding hazard update since 1979 based on a full study. These results may have some property owners wishing they could turn back time.

“A lot of people are going to be significantly impacted by this,” said Palm Beach County building division director Douglas Wise. “Along the Intracoastal is where we’re seeing the biggest changes.”

The flood maps help determine who is required to purchase federal flood insurance and who has to meet higher minimum elevations when rebuilding or undertaking major renovations.

Most South County homeowners near the coast must build to higher base elevations already. Many will see the levels rise another two to five feet.

The changes are set to take effect in December, but the Palm Beach County Commission agreed at a July 9 meeting to fund a technical partnership with the Federal Emergency Management Agency to address what county officials believe is a bug in FEMA’s calculations that produced the maps.

Wise doesn’t think so many of the existing buildings need to be raised as the new maps show they should be if the owners go to make upgrades or repairs to structures on these parcels.

“We don’t agree with the science,” he said.

***

Is your property affected?

You can view your property and others on the FEMA flood-risk map by going to:
https://maps.co.palm-beach.fl.us/cwgis/?app=floodzones

***

County Commissioner Marci Woodward agreed that the county should make the investment to try to alleviate the impact of the new maps on residents — even if it might be several years before the technical partnership project gets completed and the new minimum elevations can be revised.

Funding the technical partnership will cost the county $500,000 initially and determine whether further study could result in significant changes in the mapping that could lessen the overall impact on residents.

“We have the best option, with this room full of experts, all of our different districts, to actually make these maps the most accurate, so that the rates and the building codes and everything that goes into this will be accurate,” Woodward said. “Honestly, I believe we are the only ones that can do this.

“Any local area is going to do a better job than the feds on this, because they have to look at it from such a high level,” she added. 

For now, though, the new maps — and new insurance and building level requirements — will take effect in December.

And the $7.7 billion worth of property that FEMA insures in South County is likely to grow — anyone with a federally backed mortgage who is in one of the high hazard zones is required to purchase the flood insurance.

The cost for homeowners depends on location.

The average premium cost ranges from $724 for property that lies between Military Trail and El Rio Canal in Boca Raton to the $1,377 average for Delray Beach parcels that lie between Dixie Highway and the Atlantic Ocean.

The premium cost can be reduced by up to 45% depending on how much a community does to ameliorate its flood risk, according to parameters that FEMA has set. The actions involve better planning and educating residents.

No municipality in the county has earned the maximum 45% discount that the program offers, but in South County, Boynton Beach comes the closest with a 25% discount.

Lantana’s rating was upgraded in 2020, so that FEMA flood policy holders were eligible for a 10% discount on their bills, instead of just 5%. It was given because of the town’s efforts to preserve open spaces, shore up flood-prone structures and manage stormwater, among other items, according to Nicole Dritz, Lantana’s development services director.

“The savings is a tangible result of the flood mitigation activities that the town implements to help protect lives and reduce property damage,” Dritz said.

Commissioners in Highland Beach, which qualified for a 10% discount in the past but now does not, voted 5-0 July 23 to tentatively approve an ordinance that has changes officials hope will again qualify the town’s property owners for a discount.

Currently, town homeowners can split a major renovation into separate work over two years, so the work in any one year does not exceed half the structure’s value, the point at which the home’s base elevation is required to be raised. Under the proposed ordinance, that would no longer be the case. It would require the higher elevation when any cumulative renovations over as many as five years exceed half a building’s value.

Larry Barszewski contributed to this story.

Flood insurance discounts
South County residents are eligible for FEMA flood insurance discounts based on actions their municipalities have taken to mitigate potential flooding. Here are the discounts by municipality as of April 2024:
Boca Raton: 15%
Boynton Beach: 25%
Briny Breezes: 0%
Delray Beach: 20%
Gulf Stream: 0%
Highland Beach: 0%
Lantana: 10%
Manalapan: 10%
Ocean Ridge: 20%
South Palm Beach: 10%
Source: Palm Beach County

Crows check out a nest on the beach in Ocean Ridge, while another (below, right) flies overhead. Photos by Jerry Lower/The Coastal Star

By Rich Pollack

The crows know.

Along our beaches, the loud and large black birds show off their smarts by tracking sea turtle monitors, waiting for a chance to scavenge what’s left of a nest that’s been ransacked by a raccoon or fox.

The flying predators are also known to scoop up wayward turtle hatchlings scrambling to get to the ocean and have been seen trying to peek into the buckets rescuers use to carry new hatchlings to safety.

“If you walk away from your ATV and you have a bucket with a towel over it, they will try and pull the towel off,” says David Anderson, the sea turtle conservation coordinator at Gumbo Limbo Nature Center in Boca Raton. “They associate the bucket with something in it.”

Seven crows gather at a turtle nest in Gulf Stream. They can associate the nest markers with the possible presence of hatchlings or eggs. Photo provided by Sea Turtle Adventures

Throughout southern Palm Beach County, fish crows — the more common type of crows in the area — are proving just how intelligent and adaptable they are.

Members of the corvid family of birds, which includes ravens and blue jays, crows are known for their cognitive ability. They are also known for their excellent memories, problem-solving skills and their ability to recognize human faces and behaviors.

“These skills make them incredibly adaptable,” according to Florida Fish and Wildlife Conservation Commission biologists who responded to The Coastal Star questions in an email.

It also makes them formidable predators.

Fish crows feed on coastal species such as marine invertebrates, as well as eggs and young shorebirds, seabirds and sea turtles.

In South County, fish crows on the lookout for easy meals are common sights on the stakes marking sea turtle nests — and often on limbs of Australian pines and other nearby trees.

A crow on a stake with a sea turtle hatchling in its mouth. Photo provided by Sea Turtle Adventures

Joanne Ryan, the FWC permit holder for the volunteer Highland Beach Sea Turtle Team, remembers the early morning not long ago when a female green sea turtle nesting high on the dune drew a crowd of avian spectators on the top of an adjacent 14-story high-rise, perhaps hoping for a fresh egg breakfast.

“I was guarding the turtle with my life,” she said.

Jackie Kingston, executive director of Sea Turtle Adventures, which monitors beaches in Gulf Stream, Briny Breezes and part of Ocean Ridge, says crows are always on the lookout for a quick meal.

“We’ll have our head down in a nest and when we look up, they’ll be circling all around,” she said.

Kingston, Ryan and Anderson do their best to keep crows away from hatchlings, but they’re not always present to protect them.

The birds will patrol the line of seaweed on the beach looking for errant baby turtles and have been seen snatching them up and taking them to nearby trees.

The birds that catch hatchlings are quick.

“It happens in the blink of an eye,” Kingston said.

Anderson said he has also seen a crow grab a hatchling and bury it, almost as if it is hiding it for a later meal.

Kingston said she’s seen crows bury eggs as well, on the rare occasions when the sea invades a nest and the eggs start washing away.

“They’ll get one and then come back and get another,” she said.

Although crows are a threat to sea turtles, Anderson said they are much less of a problem than some of the other major predators such as raccoons, foxes, skunks and coyotes, which have been known to rummage through nests looking for eggs or hatchlings while damaging everything in the way.

A bigger avian threat, both he and Ryan say, are yellow crown night herons, which pluck hatchlings from the beach often before daylight.

“Crows are way down on the list,” Anderson said.

Though the birds can be pesky, both Anderson and Ryan have developed a respect and dialogue with the crows.

“I talk to them all the time,” says Ryan. “They’re very cool birds and they’re very smart.”

Crows, like other corvids, have been known to use tools to solve problems. They have been documented, for example, dropping stones into a glass tube of water in order to get the water level to rise to where they can reach it.

Crows are also cooperative breeders, according to FWC biologists, meaning offspring from past nests help their parents raise new young.

Individuals can work together to solve problems and identify unusual resources, such as food sources especially present in urban landscapes.

Because they are opportunists, crows can often be attracted to trash and food not in their natural diet, and that, say FWC biologists, can have a negative impact on shorebird and seabird colonies as well as turtles because predators will linger in the area.

People can help minimize the predation by crows and other animals by cleaning beaches of trash and by not feeding them and other wildlife, the FWC team says.

Over the years Anderson, Kingston and Ryan have found that people and crows on South County beaches can be friends.

“They’re our companions on the beach,” Anderson said. “We have a fun love-hate relationship.”

Crow facts
• There are two types of crows — fish crows and American crows. Fish crows are more common in coastal Palm Beach County.
• Crows are members of the corvid family whose members are known for cognitive ability. They are also very social.
• Crows can recognize human faces.
• Fish crow populations in Florida appear to have grown from 2012 to 2022.
• Fish crows have a distinct nasally call.
Source: Florida Fish and Wildlife Conservation Commission

In wake of tumult, commission changes public comment policy

By John Pacenti

Boynton Beach Mayor Ty Penserga said that the FBI is investigating a death threat made against him in July.

City Commissioner Thomas Turkin said he has also been the target of threats.

The threats came after a contentious July 2 commission meeting where Penserga cut off public comments from two women who believe the 2020 election was stolen from former President Donald Trump, leading Turkin to criticize the mayor for not letting them speak. Commissioners abruptly adjourned the meeting as one of the speakers who refused to stop talking was being led out of the chamber by police on orders from the mayor.

Penserga said he was enforcing a policy that public comments had to pertain to items that are within the purview of the City Commission — a policy that commissioners agreed to do away with July 30 in the aftermath of the meeting meltdown, the threats that followed and an unsuccessful staff attempt to delay public comments until late in the commission’s regular agendas.

Penserga’s actions at the July 2 meeting led Turkin to shout at the mayor that he felt citizens had a First Amendment right to address the commission as they saw fit. When some in the gallery applauded, Turkin said, “Don’t clap, because I don’t agree with a lot that has been said.”

One of the women — Candace Rojas, a former candidate for Palm Beach Town Council and the Palm Beach Soil & Water Conservation District — is a well-known, vocal election denier who has appeared before many area commissions. She told the commission she was speaking to “restore the republic.”

Boynton Beach resident Candace Rojas is escorted out of the July 2 City Commission by police after Mayor Ty Penserga cut her off for speaking during public comments about items not in the purview of the commission. At a July 30 commission workshop, commissioners said they would end that public comment policy and allow speakers to talk on whatever topics they would like. City of Boynton Beach meeting video

“As a sovereign American I am putting you on notice,” Rojas said before being cut off by Penserga and escorted out by police when she refused to leave the lectern.

While officials would not comment on the specific threats, the video of the July 2 meeting was removed from the city’s YouTube and website pages after threats were made to city commissioners, Boynton Beach spokeswoman Chelsea Sanabia said July 17. The threats were under police investigation, she said.

Police spokeswoman Holly Piccano told a reporter from The Coastal Star to make a public records request when asked if the threats stemmed from the July 2 meeting.

The first public mention of a death threat occurred when a speaker mentioned it during public comments at the July 16 commission meeting. Penserga and Turkin were absent from that meeting.

Penserga, returning a phone call July 26, said he was reluctant to speak further about the death threat without consulting the FBI. He did elaborate that the threat was made in an anonymous voicemail.

Turkin, who said he also received threats, responded July 24 to a text message seeking comment:

“Due to the plethora of investigations that are ongoing internally and with other three-letter agencies pertaining to multiple threats/conspiring actions against myself and other members of the commission, I will refrain.”

At the commission’s July 16 meeting, new public comment rules created by staff caught commissioners by surprise.

The three commissioners in attendance at that meeting balked at the changes and chose to follow the commission’s past practices until they had an opportunity to discuss any changes in how they do business.

The new rules would have pushed public comments from near the beginning of commission meetings to near the end. They also would require each resident who wanted to speak to fill out a comment card and file it with the city clerk.

“I was disappointed they were added to the agenda without having input from my colleagues,” Vice Mayor Aimee Kelley said at the meeting.

“I was blind-sided by this and I don’t like it,” Commissioner Woodrow Hay said.

At the July 30 workshop, commissioners agreed to remove the limitation that speakers must address city issues and to allow comments —as Penserga said — to be about “basically anything and everything.”

They also agreed to keep public comments at the start of the commission meeting, allow online comments and not to require public comment cards.

Penserga and Turkin, though, complained about a July 29 community meeting where they said they were defamed.

“Lies were said about something I did last meeting. I wasn’t even here,” said Penserga, who told residents to “ask for receipts” when they hear criticism of him.

He said he doesn’t set the agenda and can’t get funding for causes without consensus of the commission.

Turkin said that free speech is all fine and good but the commission would not tolerate personal attacks or hate speech.

“We’ve seen what such political rhetoric does. We’ve seen it at the highest level, an attempted assassination on the former president.”

By Rich Pollack

State Rep. Peggy Gossett-Seidman knew something was wrong after she leaped into the Intracoastal Waterway last year to cool off on the Fourth of July.

“It looked like green pea soup,” she said, adding that she washed off as soon as she got back into her boat.

What she didn’t know then was that the water she had jumped into just north of the Boynton Inlet was most likely contaminated by a sewage spill in Boynton Beach.

That incident led Gossett-Seidman to continue her efforts to hasten public notification of waterway spills and beach contamination and to introduce the Safe Waterways Act into the Florida Legislature.

The bill sailed through both the state House and Senate, but it didn’t make it past the veto of Gov. Ron DeSantis, who stopped it from becoming law with no explanation June 26.

Gossett-Seidman, R-Highland Beach, who says she is not sure what the governor’s objection is, plans to continue pushing for changes she says will improve the safety of those swimming and boating in the ocean and other waterways and using the beaches.

“The incident that happened last year isn’t the only incident, it just highlighted what needs to be done,” she said, adding that she hopes to bring a revised bill back next session.

“When I did the research, we found out that it was happening all over the state.”

Standing behind Gossett-Seidman are environmental lobbying groups including the Surfrider Foundation, a nonprofit that works to preserve and protect the world’s oceans and beaches.

“Everyone should be able to go to the beach and know if it is safe to get in the water or not,” said Emma Haydocy, a former Florida policy manager with Surfrider who now holds a national position with the organization.

Gossett-Seidman said her proposed legislation would have put more teeth into rules governing notifications of contamination in beaches and waterways that now come under the jurisdiction of either the Florida Department of Health or the Florida Department of Environmental Protection, depending on where the contamination is. Beaches fall under the health department’s jurisdiction while inland waterways are the DEP’s jurisdiction.

Gossett-Seidman’s bill, which was co-sponsored in the Senate by Sen. Lori Berman, D-Boynton Beach, would have required the Department of Health to issue a health advisory within 24 hours or the next business day “if water quality does not meet certain standards and must require the closure of beach waters and public bathing places if necessary to protect public health, safety, and welfare.”

The bill, she said, would also officially give the Department of Health the authority to close beaches, something she says now happens on a local level once a health advisory is issued.

The current language, Gossett-Seidman says, uses the word “allows” instead of requiring the agency to act within 24 hours of a first spill. The process used by state agencies, she says, usually takes more than 24 hours before the public is notified.

The bill would also have included provisions for notifications by municipalities within 24 hours to the Department of Health any time water quality failed to meet state requirements, for notification to local television network affiliates when the department issues a health advisory against swimming, and for notifications for municipalities and private docks and marinas when contamination occurs.

In addition, the legislation would have required the Department of Health to create a standardized sign to be posted and “maintained by municipalities and counties around waters they own and by the Department of Environmental Protection around state waters.”

“There are no strong requirements to post those signs,” Haydocy said. “There is no clarity on when that information has to be posted.”

In an email to The Coastal Star, the Department of Health’s Palm Beach County office said that local beaches are tested weekly and that if fecal bacteria levels are found to violate standards, a second sampling immediately takes place and a water quality advisory is issued. Lifting of the advisory depends on resampling and could take 24 to 72 hours.

Gossett-Seidman said that notifications don’t go out until the second test is conducted and the timing of when the results from that test come in depends on the location of the contamination and proximity to the testing site.

In its email, the Health Department said that it posts signs and issues a water quality news release, but Gossett-Seidman says those notifications need to go out sooner.

The state also has a process for a sewage spill in which a wastewater facility is required to contact the FDOH and FDEP and issue a public health notification. In the event of an emergency, the Health Department works with local authorities and conducts an assessment and testing.

“The procedures sound good but they don’t always work in a smooth manner,” Gossett-Seidman said, adding that it took at least three days before the public was notified of the July 2023 spill in the Intracoastal.

Gossett-Seidman said earlier versions of her bill had other notification provisions that were removed during the legislative process. Those included setting up an emergency phone number to report a spill and putting responsibility for beaches and inland waters under the jurisdiction of the Department of Environmental Protection.

“It makes sense to have all the clean water concerns in one place,” Haydocy said.

Gossett-Seidman said she would also like to see a joint website from the FDOH and FDEP that would be updated within 24 hours.

“People are driving two to three hours to get to the beach and when they get there they find out they can’t go in the water,” she said.

By John Pacenti

Delray Beach city commissioners positioned staff to begin programming at the Crest Theatre by allocating $118,000 for “rapid activation” of its Creative Arts School, intent on utilizing the building’s classrooms that are ready even if the playhouse is not.

With classes anticipated to start in mid-October, the project will be overseen by Communications Director Gina Carter, who has a master’s degree from the School of the Art Institute of Chicago. The measure was unanimously adopted at the commission’s July 9 meeting.

“We want to reduce the cost and we want to cut down on all the things that slow down the government, like hiring, contracts, all of these things. We want to move along as quickly as possible,” Carter told commissioners at the meeting.

The city will leverage available resources and key staff, such as Carter, her four-member staff, and some Parks and Recreation Department workers. Carter said the challenge is hiring a full-time program administrator at $80,000 annually and five art instructors who will work on a contractual basis. 

Advertisements looking for local talent who could teach art classes at various levels went online July 17.

It’s the latest chapter in the saga of Old School Square, which includes the Crest Theatre, the Cornell Art Museum, the Fieldhouse and the Pavilion. 

The smoke still lingers from the dispute between the city’s movers and shakers from when a commission majority — including then-Mayor Shelly Petrolia — in August 2021 voted to sever the lease of longtime operator Old School Square Center for the Arts, citing alleged financial mismanagement.

The commission eventually turned over the keys of the operation to the Downtown Development Authority, except for the Crest Theatre. The theater itself remains in much disrepair after the former operator pulled out lighting and other equipment on the way out the door — but the building’s classrooms have since been renovated and are ready for prime time. 

The Boca Raton Museum of Art earlier this year expressed interest in moving its art classes north to the Crest Theatre before withdrawing the proposal.

Carter foresees about 17 classes per term with approximately 20 students each — and the city netting $85,000 a year after paying for the administrator, instructors and supplies.

She wowed much of the commission with her presentation, but Commissioner Rob Long — a supporter of the former leaseholder, Old School Square Center for the Arts — expressed some misgivings.

“It’s crazy that we’re here. In my opinion, we’re out of choices,” he said. 

He said he had full faith in Carter and her staff but didn’t understand why there was such a rush. The plan seems “frenetic, and dare I say, desperate,” the commissioner said.

Long told Carter, “You have a super-demanding job already, right? And we are just going to make you work like two full-time jobs?”

City’s fireworks almost didn’t happen — For all the complaints on social media about the July Fourth fireworks in Delray Beach, residents were lucky to have any pyrotechnics at all. The barge that was supposed to be used for the display got stuck in the Gulf of Mexico due to Tropical Storm Alberto and then Hurricane Beryl.

City officials briefly considered the Delray Beach Golf Club and Old School Square as alternative sites for a display before deciding that a truncated show could be launched from the beach, where the city’s celebration with live music and food trucks was already planned on State Road A1A and Atlantic Avenue.

Mayor Tom Carney said City Manager Terrence Moore told him at one point that the prospect of fireworks appeared bleak when word came to the city that the barge was not making the trip.

“Which I responded, ‘We have to have fireworks,’” Carney said at the July 9 commission meeting. “Ten minutes is better than no minutes.”

Parks Director Samuel Metott said fireworks launched from the shore rather than the ocean are more expensive and require additional safety measures. The Fire Rescue

Department spent the holiday watering down dunes, he said. The usual 20-minute show was cut in half and the city issued a release telling residents as much on June 28.

“We apologize to the public on our behalf that it wasn’t the show we wish it was. We look forward to another great show next year,” Metott said at the meeting.

Commissioner Rob Long said he had gotten an earful from upset residents — and mentioned the complaints leveled on Facebook pages dedicated to the city. “Cut us a little slack here. We still had an awesome event all day, right?” Long said. “A lot of cities don’t have anything like that.”

Commissioner Tom Markert said he didn’t mind the change of pace. “The shorter fireworks allowed me to spend more time with the food trucks,” he joked. 

‘Game of Thrones’ on DDA — It’s certainly an eye-for-an-eye when it comes to some recent appointments to the Downtown Development Authority — a volunteer board chosen by city commissioners. By a 3-2 vote on July 16, the commission refused to extend gallery owner Mavis Benson the appointment it had awarded her a month earlier, before problems with her application surfaced. 

Rick Burgess, whose vacancy Benson sought to fill, had been ousted by the commission after Benson filed a complaint last year with the Palm Beach County Commission on Ethics, saying Burgess lied on his DDA application when he said his business was in the “tax-qualified” area of the DDA. The ethics commission found that was the case and city commissioners removed him from the DDA in April.

After the commission appointed Benson to the DDA in June, Burgess wrote to City Attorney Lynn Gelin that Benson’s Avalon Gallery on Atlantic Avenue was not registered with the state, leading Gelin to conclude Benson’s appointment was not valid.

Benson told commissioners at their July 16 meeting that she rectified the registration and submitted an updated lease agreement. But Commissioner Rob Long, who previously nominated Burgess, said Benson failed to resubmit an application for the DDA position as requested. Commissioner Angela Burns said she was conflicted, but “to be fair and consistent, we have to do the same that we do for everyone.”

Long and Burns were joined by Mayor Tom Carney in voting no. Commissioners Tom Markert and Juli Casale were in the minority.

Burgess had sued the city in May, seeking to have his removal overturned, but the case was dismissed by Palm Beach County Circuit Judge John Parnofiello on June 26.

Committee to consider how to spend city’s opioid settlement money — Delray Beach will form an advisory group to make recommendations on how to allocate the city’s share of opioid settlement money.

The committee is to consist of appointed professionals and community members, similar to numerous other advisory panels in the city, Assistant City Manager Jeff Oris told commissioners at their July 16 meeting. A formal policy is expected to come back to the commission for approval Aug. 19.

As of June, Delray Beach had netted $239,000 from the $50 billion settlement between the states and opioid manufacturers and pharmacies. The settlement — and future payments — could be affected by a recent U.S. Supreme Court ruling against Purdue Pharma, which invented the highly addictive OxyContin.

Of the 7,769 overdose deaths in Florida in 2022, 6,157 were attributed to opioids, according to the state Health Department’s latest report.

Maureen Kielian, the chair of a county advisory committee on the issue, has said cities should consider giving their portion of the opioid settlement money back to the county so that there would be a bigger pool to provide more substantial services. 

— John Pacenti

By Steve Plunkett

Work on the Core district’s road and drainage project was at a near-standstill in July as Gulf Stream’s contractor and consulting engineer waited to receive a “dewatering permit.”

“The contractor is in the process of obtaining a dewatering permit. Schedule for next week is TBD,” www.corearearoadwork.com, the site created to inform residents weekly, reported on July 10.

The South Florida Water Management District issues dewatering permits to make sure, among other things, that water from construction sites does not muck up lakes or the Intracoastal Waterway. Roadway Construction LLC, Gulf Stream’s contractor, has finished some work by pumping extra water into a pond at The Little Club under a different dewatering permit.

But, Town Manager Greg Dunham told town commissioners on July 12, “The Little Club golf course said that they would not like for them to do that anymore.”
Mayor Scott Morgan was outraged.

“We knew there was going to be water. You found it on Day One — Day One you found the water,” Morgan said. “To rely on a country club to dump all this water seems, I’m not going to use the word ‘negligent’ but certainly ill-advised. But we’re in a situation now where you just stopped work, right? I mean, there’s nothing you can do. Is that what you’re telling us?”

Thomas Weeks Jr., Roadway’s senior project manager, said the company had dug test holes on Bermuda Lane, comparatively higher ground, but ran into water too close to the limit. The new piping requires a dry trench at least 4 feet deep.

Other options suggested by commissioners, such as pumping water into a tanker truck and driving it somewhere else, would still need a dewatering permit, Weeks said.

Phase 1 of the project, on and west of Polo Drive, started in late April and was supposed to be completed by mid-February 2025. Phase 2 east of Polo would then begin and end the following December.

But three months into the 20-month schedule, the update website said only 3% of the work was done. Weeks said he expected the water management district to issue the permit in three or four weeks. Baxter and Woodman Consulting Engineers told commissioners in May a new permit was needed.

Before work began, the schedule was changed to start construction in the north end of the Core district, along Wright Way and Old School Road, instead of on Golfview Drive in the south. The north end is the lowest part of Gulf Stream and more susceptible to the rainy season and king tide flooding.

The website skipped a July 17 update then said July 25: “The contractor is working on drainage installations on Wright Way and Old School Road. Schedule for next week is TBD.”

By Steve Plunkett

For the third year in a row, Gulf Stream will likely levy the same property tax rate: $3.67 per $1,000 of taxable value.

Also, like last year, resurfacing roads and improving drainage in the Core district consumes the bulk of the town’s proposed FY 2025 budget. Town Manager Greg Dunham set aside $10 million in the general fund and $2 million in the water fund for the capital improvement project.

And he anticipates borrowing perhaps $7 million this fall to keep the town’s unrestricted reserves above $4 million as construction continues and as the town prepares to switch its water provider from Delray Beach to Boynton Beach.

Otherwise, the budget he and Mark Bymaster, his chief finance officer, presented July 12 to town commissioners was fairly ho-hum.

“This is very much like the seven previous budgets that I’ve presented to the town,” Dunham said. “I will say this from the outset, this is really a normal Gulf Stream budget.”

Included are $132,500 to buy two police cruisers and $40,000 to repair the sea wall at the town’s bird sanctuary south of the Hidden Harbour neighborhood.

After surveying other towns, Dunham is recommending a 4% cost-of-living adjustment to town workers’ paychecks. He said he prefers giving COLA raises over handing out merit raises, which typically require an end-of-year evaluation.

“This is a small town, 20 employees,” he said. “I do an assessment of everybody on every day of the week.”

Town commissioners tentatively approved the $3.67 per $1,000 rate, which will bring in roughly $400,000 more in tax revenue than the $6.1 million that Gulf Stream collected the previous year. The owner of a house with a $1 million taxable value would pay $3,672 in town property taxes in addition to county, school and other levies.

Commissioners can lower that rate but not raise it at public hearings they scheduled for 5:01 p.m. on Sept. 13, after their regular monthly meeting, and on Sept. 24. But to do so, they said, would require dipping into reserves.

“I like running the surplus up,” Commissioner Michael Greene said.

By Brian Biggane

In a significant turn of events, South Palm Beach Town Attorney Ben Saver said at the regular Town Council meeting on July 9 that he was “cautiously optimistic” that negotiations with CPZ Architects of Fort Lauderdale would soon result in a design contract for the long-delayed Town Hall project. And he was right.

During a special meeting on July 30, the council voted unanimously to sign off on the contract.

Joe Barry, vice president of CPZ, told the council service would be divided into phases, the first being programming and site analysis. Other phases include schematic design, design development, construction documents and specifications, construction bidding and construction administration.

“We’ll move you forward at your pace,” Barry said. And his firm will have regular meetings with individual council members for their input.

Public input will also be sought, possibly through charettes.

“This is just a boilerplate, stuff just to get us going,” Vice Mayor Monte Berendes said of the contract. “All ideas are good ideas right now.”

Saver, who spent four months in fruitless negotiations with Moonlight Architecture of Cincinnati before the council approved a move to CPZ in June, said he and Town Manager

Jamie Titcomb had a “very productive” phone conversation with two top CPZ officials, including Barry, on July 1.

Saver said CPZ was asked to submit its fee schedule for the project, which he said he received the morning of July 9, hours before the monthly council meeting. His plan was to review it, incorporate it into a standard contract and send it back to be signed.

The council plans to start soliciting construction bids at its Aug. 13 meeting.

But the news wasn’t all good. When CPZ submitted its first designs for the project as part of its presentation last February, it based its drawings on a 10,000-square-foot building that would house council chambers, a coffee shop, administrative offices and a community center — costing about $400 per square foot.

Saver said CPZ, due to its cost increases, now estimates the project will cost $550 per square foot. With a $4 million total budget, Saver said the adjusted square footage would now be in the range of 7,000 to 7,500 square feet, or a building that would be up to 30% smaller than earlier proposed.

Council members said it was too early to get caught up in specifics.

“I think 7,500 is more than doable,” Berendes said, adding that the current Town Hall is just under 7,000 square feet.

“It’s premature to know what the cost is going to be,” Mayor Bonnie Fischer said. “I just want to make sure we’re still using SIPs,” or structural insulated panels. Barry, at the July 30 meeting, assured her SIPs would be used.

Council member Elva Culbertson had been reluctant to give up on Moonlight as she considered its expertise in SIPs to be superior to that of CPZ. Moonlight deals almost exclusively in SIPs while CPZ stated it had only a SIP manufacturer on its team.

Toward that end, the council still hopes to have Eric Schuermann, a SIPs expert based in Fort Lauderdale, brought in as its owner’s rep.

Fischer said she was also not happy with the initial design for the building CPZ offered in its February proposal.

“It’s kind of a Key West style, which to me that doesn’t flow with the town,” she said.

Berendes dismissed that, insisting it was “just an idea.”

Culbertson said her bigger concern was that, just as the cost of materials and workers has risen during the delays of the past several months, so will other costs associated with the project.

“We need to figure out all the expenses sooner rather than later,” she said. “For example, is it going to cost money to house the people who are going to be working here? That’s not five dollars. All of it costs money, and that’s not in the budget.”

Titcomb said it will be important going forward for the council to study the plans of how the architects allocate space, and Berendes agreed.

“We have to sit down with them and see things like, how big an office does Jamie need? How big is the restaurant? Maybe it’s 8,000, maybe 6,000. I would like it to be smaller, so we can afford it.

“We’ve done well financially. We’re in a good place right now.”

Mary Thurwachter contributed to this story.

New generator will take time — After months of discussion, the Town Council authorized Town Attorney Ben Saver to draw up a request for a competitive bidding process on a new backup generator for the town’s lift station. Saver said that based on preliminary figures, the cost will be approximately $125,000 and that his research indicated it will be another 12 to 18 months after a new generator is ordered that it will be up and running due to a shortage on the market.

PBSO gets new contract — The town agreed to a new one-year contract with the Palm Beach County Sheriff’s Office with a 2% increase in compensation over the old contract.

Mayor Bonnie Fischer called the ongoing agreement with PBSO one of the best decisions the council has made in recent years.

Council hopes to cut tax rate — The council adopted a maximum preliminary tax rate of $3.40 for every $1,000 of assessed value — the same rate as the current year — in hopes that it can be brought down to $3 per $1,000 of taxable value when the council sets a final rate in September. “It’s a good year to give the residents a break,” Vice Mayor Monte Berendes said, though Fischer cautioned that projects such as the Town Hall may make that difficult.

Town manager evaluation coming — The council agreed to work up an evaluation regarding Town Manager Jamie Titcomb for action at its August meeting. Council member Elva Culbertson distributed a more thorough evaluation than has been used in the past; the council agreed to decide on what form it will use at a future meeting.

— Brian Biggane

By John Pacenti

Manalapan is pressing pause for now on cutting back the 24/7 hours of guards at the entrance of Point Manalapan, Assistant Town Manager Eric Marmer said.

“There’s no formal decision. We got a lot of feedback from residents. They didn’t want to decrease the hours of the guards at the gatehouse,” Marmer said. “We budgeted for the full amount for the year. It seems that’s the way it is going to go.”

The town has allocated $270,000, an increase of about 2%, in the current proposed budget to man the guard gate. Police Chief Carmen Mattox has said the guard house serves as a crime deterrent.

At a July 23 meeting, Commissioner David Knobel suggested making the guards more visible in the guardhouse for even more of a deterrent effect.

In setting the proposed budget, Marmer said commissioners used the same tax rate on residents as last year, $3 per $1,000 of taxable value. Residents will still pay more because property values have gone up — but not as much as in other municipalities in South Florida.

Unlike many municipalities that saw property values go up 10% or more, Manalapan saw increases of about 5.3%, excluding new construction, Marmer said.

A homesteaded parcel worth $2 million — with its tax value capped under state law — would pay an increase of $180 in Manalapan taxes. A similarly valued commercial, rental or second home that matched the town’s 5.3% value increase would see an increase of $318.