By Larry Barszewski

Briny Breezes officials are considering a citation system to enforce applicable town codes, but they have to decide if some of the infractions should even be on the town’s books in the first place.
“Something as simple as spitting on sidewalks, that’s not something that I think you want the Police Department enforcing,” Ocean Ridge Police Chief Richard Jones said at the Town Council’s July 28 meeting. His department provides police services to the town.
The council’s goal is to have a system, similar to one in place in Ocean Ridge, that would allow police to ticket code violators. The fines for the offenses would be fixed at a set amount and violations would not have to go before a special magistrate.
“Many of the listed violations do not lend themselves to traditional code enforcement, where you would go before a special magistrate and seek daily fines until there’s compliance,” Town Attorney Keith Davis said.
But Jones, who was originally receptive to the idea, was surprised by what his officers might have to undertake.
“I did not anticipate seeing such a broad list of ordinances that were being expected for us to enforce through the citation process,” Jones said.
The codes also include many violations already covered by state law, he said.
The council asked Davis to meet with Jones to narrow the scope of what ordinances would be good to have in a citation program, leading to another issue.
“If you can’t or you’re not going to enforce them, do you want to keep them on the books at all? That’s a much bigger discussion, but that may be a discussion that needs to happen,” Davis said.
The council agreed and said it would be good to do a deep dive into the town’s ordinances and winnow out code violations that aren’t needed or could be covered in the corporation’s regulations instead.
Among the items covered by the ordinances are requiring a bell or horn on a bicycle, prohibiting spitting on sidewalks and other public places, disturbing religious worship, not allowing bike riders on sidewalks and even outlawing things like odor and “unnecessary noises.”
When the ordinances to be enforced through citations are determined, Davis suggested breaking them into categories with differing fines:
• Class 1 (less severe) violations: $50 fine for a first offense, $100 for second, $250 for third and $500 for fourth and subsequent violations. Examples could include careless riding of a bicycle or gambling.
• Class 2 (midrange) violations: $100 for first offense, $200 for second, $300 for third and $500 for fourth and subsequent violations. Examples could include having a fire on the beach or indecent exposure.
• Class 3 (more serious) violations: $250 for first offense and $500 for each subsequent violation. Examples could include building a fire without a permit or damaging dune vegetation.
“Regardless of the class, I think there are a lot of things on here that should be removed,” Alderman Bill Birch said. “I don’t know anybody in Briny Breezes that is going to call the police over odor.”
Davis is expected to bring back additional information for the council’s Aug. 25 meeting.

Shooting in town
In other matters, Jones briefed the council on a shooting that took place in the town between 12:30 and 1:30 a.m. on July 27.
“The victim in this case is doing well, is recovering,” Jones said. “This seems to be a very specific, isolated incident and I would not be concerned for the public safety of every other resident at this moment in time. If we get to a point in our investigation where we change that, we will definitely let the community know.”
When contacted by The Coastal Star following the meeting, Jones said he would not release the police report because it is an active investigation.

Update: The Police Department released a copy of the police report on Aug. 3. It said the 70-year-old victim told police she had been sleeping, but woke up at 11:30 p.m. in pain. When she went to the bathroom at about 1:30 a.m., she noticed she had been shot in the hand near the wrist. A neighbor who drove the woman to the hospital told police she heard what could have been a gun shot sometime between 1:30 and 2 a.m., but wasn't certain. The victim told police she lives alone and there are no guns in her home. The bullet was lodged in the woman's hand when she went to the hospital, the report said.

Tax rate’s a 10 — again
The Town Council also set the town’s preliminary tax rate, which continues to be at the maximum allowed under state law, of $10 for every $1,000 of taxable value. That amounts to a 13.3% tax increase due to rising property values in town. The first public hearing on the town’s budget and tax rate will be at 5:01 p.m. Sept. 8 at Town Hall.

By Jane Smith

A former Delray Beach water quality inspector, who was reorganized out of her job in January, has filed a federal lawsuit against the city, the city manager and the Utilities Department director.
Christine Ferrigan, who received Florida whistleblower protection in September 2020 from Palm Beach County’s inspector general for her reclaimed water information, said she was let go in January — five days after she filed a written retaliation complaint against two of her Utilities Department supervisors.
The city, though, has another reason. City Manager Terrence Moore said in January that Ferrigan’s position was eliminated in a reorganization “done for efficiency and austerity reasons.”
This is Ferrigan’s second legal action against the city this year and the first one against the city manager and utilities director. The city declined to comment about the suit, which was filed July 25.
“The City is unable to provide information on matters that are under litigation,” wrote Laurie Menekou in a July 27 email response to The Coastal Star. Menekou is the outside spokeswoman on matters concerning the Delray Beach reclaimed water system.
In Ferrigan’s lawsuit, she alleges her U.S. and Florida constitutional rights were violated. She is seeking back pay, a promotion similar to the ones she had applied for but was not selected, and compensatory damages against the three defendants. She’s also seeking punitive damages against Moore and Utilities Director Hassan Hadjimiry “for her pain, emotional and mental suffering, stress, humiliation and reputational harm.”
Her first legal action, a complaint filed in April with the Occupational Safety & Health Administration, named only the city. It also asked for her son to be reinstated with back pay to his position in the Public Works Department, from which it said he was fired March 2 in retaliation against Ferrigan.
Though her son’s name was not mentioned in the suit, the only male to be fired that week was Cody Moss, who had been a parts expediter in the Fleet Division of Public Works, according to information the city provided The Coastal Star. He also shared a home address with Ferrigan.
Moss, who was hired in May 2021, ran afoul of his supervisors over ordering parts electronically instead of over the telephone, the department’s preferred method, according to written reprimands dating back to December in his personnel file. Moss was still in his probationary period at the time he was fired.
One of Ferrigan’s attorneys, Ezra Bronstein, described the difference between the two legal actions as “strategic.”
The available remedies from OSHA are for violations of environmental law, Bronstein said, not of Ferrigan’s constitutional rights.
“Ferrigan is the type of person the whistleblower law was designed to protect,” Bronstein said. “She was raising the red flag about the treated wastewater in the drinking water. ... And then they had her train her replacements.”
Since December, Delray Beach is operating under a five-year consent order, an agreement with the state Department of Health stemming from the city’s reclaimed water problems.
On Dec. 7, the city hand-delivered a check to the Health Department, as required in the consent order. The check covered a $1 million civil fine and $21,193.90 for costs and expenses of the Health Department’s investigation.
The Health Department began looking into the city’s reclaimed water system in January 2020, when a South Ocean Boulevard resident called to say she was not properly informed of a cross connection found on her street in December 2018. A cross connection occurs when reclaimed water pipes carrying highly treated wastewater used for lawn irrigation are wrongly connected to the drinking water lines.
After the Health Department became involved, the city spent more than $1 million on inspections and adding missing backflow preventers to stop the reclaimed water from mixing with drinking water. The city’s reclaimed water program began in 2008.
Ferrigan, hired in June 2017, claims she ran afoul of city management because of the information she supplied to the Health Department during its investigation. That included information about illnesses potentially linked to the cross connections.
However, an investigation by the Palm Beach County Office of Inspector General completed in May 2021, done at the request of the Health Department, was not able to link the illnesses of the South Ocean Boulevard residents to the reclaimed water.
This is Ferrigan’s second whistleblower battle with a South County coastal city.
She claimed whistleblower status in 2008 after she was fired from Boca Raton’s water department. She sued the city over the firing.
Ferrigan received $322,500 and her attorneys $215,000 in a settlement with Boca Raton’s insurance company in 2014 the day before the trial was to start. The city did not admit any wrongdoing.

By Jane Smith

The Delray Beach Community Redevelopment Agency will let federal officials decide if the former operators of Old School Square broke any rules when accepting federal pandemic-related aid.
The CRA board directed staff on July 14 to send a letter to the Small Business Administration’s Inspector General Hannibal Ware, pointing out the possibility that the former operators may have double-dipped when spending the federal money.
The CRA has talked about suing the former operators — Old School Square Center for the Arts — to recoup $187,500 it had given the group for the 2021 fiscal year. The group has not provided requested financial records to the CRA, which terminated its contract as of February.
Instead of suing or spending money to cover the costs of pursuing the group’s financial records, Deputy Vice Mayor Juli Casale suggested the new course of action.
“But what we know, today, from (the city’s) internal auditor there was an issue of double-dipping,” Casale said. “Why don’t we just report that and have that other government entity investigate and get back its money.”
The letter was sent via email and certified mail on July 25 by the CRA’s outside counsel, Sanaz Alempour.
The former operators received a $309,735 paycheck protection loan that was later turned into a grant. The money was supposed to be used for employee salaries to cover those laid off at the start of the pandemic. The CRA was concerned that it may have already paid for those salaries through funding it had given the operators. The former operators did not respond to The Coastal Star’s request for comment.

By Tao Woolfe

Although a Police Department merger with the Palm Beach County Sheriff’s Office was not on the Boynton Beach City Commission’s Aug. 2 agenda, more than 20 members of the audience spoke out against the idea as the topic dominated the meeting.
The residents’ slogan was “say no to PBSO,” for several reasons. They cited the sheriff’s refusal to use body- and dash-cams; refusal to carry Narcan to treat narcotics overdose victims; and what they said was PBSO’s generally poor record of dealing with minorities.
The comments were spurred by PBSO’s 11-page proposal to the city last month outlining what the office said would be “greatly enhanced security and depth of law enforcement.” The annual estimated cost would be $42 million.
Boynton Beach’s proposed budget for fiscal year 2022-23 calls for a total of $38.3 million for police services.
Commissioners agreed the proposal did not offer enough detail about costs and services.
“Citizens of Boynton Beach, I hear you,” Commissioner Woodrow Hay said. He made a motion that the city immediately cease negotiations with PBSO. But the motion failed because the other commissioners said they needed more information — and community input —before making a decision.
Mayor Ty Penserga asked city staff to present a comparison of services, staff and budget offered by the Boynton Beach Police Department and the PBSO. No date was set for the presentation.
The possibility of bringing PBSO in to replace the Police Department was raised following months of anger — especially from the Black community — after a 13-year-old boy was killed during a high-speed police chase Dec. 26. The boy, Stanley Davis III, crashed his dirt bike at 85 mph on North Federal Highway with Officer Mark Sohn in pursuit.
Members of the youngster’s family, friends and supporters have crowded into City Commission meetings for months, asking for the city to fire those responsible.
Nevertheless, residents of all races reiterated Aug. 2 they do not want the PBSO to replace the city’s Police Department. Instead, the force should be winnowed of bad officers and more enlightened policies enacted, they said.
In a statement released on July 28, Penserga said no decision would be made about merging with PBSO until there is “significant community input, staff and commission reviews, and robust public discussion, including public hearings with citizen input.”
The 11-page proposal from Sheriff Ric Bradshaw was sent to Penserga on July 21. It came in response to an overture earlier this year from then City Manager Lori LaVerriere.
In early April, the City Commission had asked LaVerriere to look into potential benefits of contracting for police services with PBSO.
According to the response, Bradshaw believes the city would benefit mightily.
The proposal claims PBSO would focus on communication, customer service and community policing. Specifically, the sheriff said, the city would benefit from gaining the “experience of advanced, cutting-edge training, equipment, and technology.”
The proposal says the PBSO would absorb the Police Department personnel, although the sheriff would replace the police chief. PBSO would handle hiring and training, union negotiations, and liability resulting from the actions of law-enforcement personnel.
“In a contract for law-enforcement services, the city is the customer, and we provide the service,” the sheriff wrote. “Boynton Beach retains their sense of ownership by allowing the same employees to service the city while maintaining input in a productive forum with PBSO.”
The officers would operate out of the existing Police Department facility. Police vehicles would say Palm Beach County Sheriff’s Office, and City of Boynton Beach in smaller letters. “No local control will be lost,” the proposal says.
Here’s what residents could expect, per the PBSO proposal:
• Sworn deputies providing 24/7 patrol, 365 days a year.
• Enforcement of state statutes and city ordinances.
• Community policing philosophy.
The proposal explains community policing as a way residents can connect with their community and its services.
PBSO says it uses crime analysis to develop strategies to reduce crime, improve neighborhood appearance and create a sense of pride and ownership among the residents, the sheriff wrote. Officers act as liaisons between the communities and outside agencies and service providers.
Healing the rift between the police and the community is especially important to Boynton Beach, officials have said.
Sohn was cleared of all charges in late March by a Florida Highway Patrol investigation. FHP concluded Davis was unlawfully fleeing an attempted traffic stop and going 85 mph in a 35-mph zone.
The Boytnon Beach Police Department is still conducting its own investigation.

Elva Culbertson of South Palm Beach served on the Town Council and now writes a monthly newsletter for her condo about what’s happening in town government. Tim Stepien/The Coastal Star

Elvadianne “Elva” Culbertson spent much of her adult life analyzing military maneuvers and strategy for a Washington, D.C.- based U.S. Navy think tank.
Nowadays she analyzes the governmental maneuvering of South Palm Beach for a monthly newsletter she writes for the Southgate condominium. She rarely misses a town meeting.
Both jobs require similar skills — persistence, close observation, objective analysis, an ability to drill down to the core of an issue, and a keen interest in current affairs.
Culbertson’s wry sense of humor adds a refreshing layer of whimsy to otherwise serious topics.
“You know the old joke — I can’t tell you exactly what I did for the Center for Naval Analysis or I’d have to kill you. But I was a documentation analyst,” Culbertson said. “I looked at military strategy and naval exercises for ships, subs and aircraft.”
Culbertson was one of few women in the field at the time, and her work was prized for its attention to detail. She specialized in anti-submarine warfare strategies.
More than 30 men on maneuvers at sea would report on their ships’ effectiveness and weaknesses, and Culbertson would “put it all together and give an analysis of it.”
Later on, Culbertson worked in environmental research and then returned to naval strategy.
Upon retiring from military life 17 years ago, she moved to South Palm and took a job writing the town’s newsletter.
She found the job “stifling,” saying her work was so heavily edited by a council member it barely resembled her original text.
After leaving that job, Culbertson served on the Town Council for 21/2 years, first as an appointee and then winning the seat when she was unopposed.
In the past couple of years she has enjoyed a more private life with Denny, her husband of 36 years. She has two sons and a stepson.
Culbertson says she attends almost every town meeting — including advisory board meetings — and reports back to her neighbors via the Southgate newsletter.
“I think I am considered the elder statesman,” among the town officials, she said.

— Tao Woolfe

Q: Where did you grow up and go to school? How do you think that has influenced you? 
A: I started out in the Germantown section of Philadelphia, replete with Revolutionary War history, and went to a high school for “gifted girls.” That, coupled with being an accountant’s daughter, made me incredibly focused on detail — a factor which has been both a blessing and a curse.

Q: What professions have you worked in? What professional accomplishments are you most proud of?
A: A young woman starting a career in the early ’60s did not really have the advantage of looking at her job as a profession. It was a time of, “It’s nice you graduated college, honey, how fast do you type?”
But I started out in a social planning agency (the forerunner of the United Fund, which evolved into the United Way), where I gathered statistics for over 200 health and welfare facilities ensuring that services were provided where most needed.
I moved to the Washington, D.C., area where I worked for the Navy think tank, with which I still maintain contact; there I mostly reconstructed naval exercises.
Next, in Massachusetts I worked for an environmental research company at the dawn of the passage of the Environmental Protection Act. As a documentation specialist, I turned input from 17 disciplines into cohesive environmental impact statements.
Lastly, I returned to D.C. where I was employed by a federally funded research center — again supporting the Navy. Here my responsibilities increased to coordinating multiphased efforts concerned with expanding intermediate maintenance activities’ repair capabilities; preparing generic integrated logistic support detail specifications and associated contract data requirements lists for naval aircraft; and serving as administrative and graphic coordinator for an extensive portion of the Naval Sea Systems Command integrated logistic support training program.
That was where I had my proudest professional moment because I was awarded a letter of commendation from Adm. Robert Long, program executive officer of tactical aircraft programs, for my “part in the F-14 Program’s winning of the 1997 Secretary of Defense Superior Management Award.”
Although not far behind was winning first prize in international competition as newsletter editor for the Washington, D.C., Society of Logistics Engineers. They granted me an “Award of Excellence for Significant Contribution to Attainment of the Goals and Objectives of the Society.”
Then there is also a bit of pride in having an article I co-authored in a college textbook referred to as one that “will serve as an essential reference to all social impact assessors.”

Q: What advice do you have for a young person selecting a career today?  
A: While you ought to choose a career in which you have the potential to make a comfortable salary, more importantly you need to choose a field that will hold your interest, recognizing also that it is bound to change somewhat, so you also need to be flexible.
If you come to a point where others might perceive that you have failed, recognize that at worst it was a mistake, and in any event it is a learning experience. Move on, always maintaining your self-esteem.

Q: How did you choose to make your home in South Palm Beach?
A: To tell you the truth, I wound up here because one of my sons had looked at South Palm Beach after he accepted the position as treasurer of the South Florida Water Management District. He really liked what he saw [at Southgate condominium] but felt his neighbors would be older than his social preferences allowed. Well, as I was clearly old enough to be his mother — if that’s all that was the matter — I was ready to move in.

Q: What is your favorite part of living in South Palm Beach?  
A: South Palm Beach is a family — big enough, small enough, close enough, remote enough and financially stable. COVID has degraded that somewhat, but I have high hopes we’ll get back to enjoying each other’s company.
If we wind up with a new Town Hall, let’s hope we go for Mayor Bonnie Fischer’s idea of structural insulated panels so we can go back to spending money on events for the townspeople instead of millions of dollars for a building beyond our best interests.

Q: What book are you reading now?
A: The Lincoln Highway, by Amor Towles. It’s this month’s South Palm Beach Book Club’s choice. While often the choice is not one I would make independently, I relish discussing the story with the others, a pleasure I do not have with my independent selections.

Q: What music do you listen to when you need inspiration? When you want to relax?  
A: Before the Russian invasion of the Ukraine, I would have said the 1812 Overture, but now it doesn’t feel right to celebrate Russian victory. I guess I need to find another candidate. As far as relaxing, I go for flute and piano on YouTube — no vocal.

Q: Do you have a quote that inspires your decisions?  
A: My mom used to always quote, “Laugh, and the world laughs with you; weep, and you weep alone. For this old Earth must borrow its mirth, but has trouble enough of its own.”
It might not seem inspirational, but it helps to remind you that whatever you are facing is small compared to global issues. So, maintain a positive attitude and you’ll keep your friends (and your willingness to keep trying).

Q: Have you had mentors in your life? Individuals who have inspired your life decisions? 
A: I’m not sure whether you can call family members mentors, but I really lucked out in that category. I had grandparents who came to this country with nothing but the desire to make a good life in America; parents who loved their kids and saw to it that they knew where they came from and where they were going; and siblings who set such good examples of joy and compassion. What else could I ask for?

Q: If your life story were made into a movie, who would you want to play you?
A: If it can’t be my granddaughter, I’d go for Mary Steenburgen. She’s versatile and accomplished with a warm smile and a quick wit. OK, she’s not exactly my twin, but she’s a good actress.

By Jane Smith

Assistant Police Chief Russ Mager will become the new Delray Beach police chief on Aug. 31. He is replacing Chief Javaro Sims, who will retire on Aug. 30.
A swearing-in ceremony for Mager and retirement celebration for Sims will occur at 6 p.m. Aug. 30 at the Atlantic High School auditorium.
Mager, 56, has served 26 years with the Police Department. In 2019, he was promoted to captain and the next year to assistant chief.
He was born in Tallahassee, but he grew up in Broward County. Mager has a bachelor’s degree in criminology from Florida State University.
Sims, who became police chief in May 2019, served through the pandemic, keeping in touch virtually with the city’s residents when necessary.
He was the first Black police chief for Delray Beach. The city has a 37.2% minority population, according to the latest census data.
Sims succeeded Jeff Goldman as chief. Both emphasized community policing as a way to engage with residents.
For the Black community, Sims became a role model for kids whose families lacked a dad, said Angie Gray, former city commissioner and current board member of the city’s Community Redevelopment Agency.
Sims, she said, “was awesome and amazing” as police chief.
Sims has been with the department since 1992, after spending four years as a
teacher.

By Jane Smith

While the Delray Beach City Commission won a lawsuit filed against it by fired City Manager Mark Lauzier, it has decided not to recoup almost $20,000 in related legal expenses from him — in exchange for his not appealing the court decision.
Commissioners have unanimously approved a $19,096.67 settlement with Lauzier, whom they fired in March 2019.
The confidential settlement was on the commission’s July 19 consent agenda. After it was approved, The Coastal Star submitted a public records request for the confidential memo from City Attorney Lynn Gelin.
The settlement was the amount due the city to cover its attorney fees and costs, awarded by the court in April. To receive the release from paying the city, Lauzier agreed to dismiss his appeal, which was done on July 21. He also agreed to refrain from disparaging the city in written or spoken remarks and never seek re-employment with the city.
Lauzier currently serves as the budget manager for the St. Lucie County Commission, according to his LinkedIn profile.
At the March 1, 2019, special commission meeting, the city’s internal auditor reported that Lauzier had changed the city’s personnel manual without telling the City Commission, his boss.
Shortly after he was fired, Lauzier sued the city on a whistleblower claim and for breach of contract. The city won on both counts. A Palm Beach County jury ruled for the city in December on the breach of contract claim.
Gelin recommended approval of the settlement.
“While staff believes that there is no basis for Lauzier’s appeal, the cost and expense to defend same could be significant,” she wrote. “This settlement provides closure and finality and ensures that the City’s favorable verdict will stand.”

By Jane Smith

Despite a proposed decrease in the tax rate and the use of federal dollars to offset some budget increases, Delray Beach property owners will still be paying more in city taxes next year.
The proposed plan that was approved unanimously by the City Commission on July 12 includes a 14% increase in property taxes, $11.3 million more than for the current budget.
While the city’s taxable property values have soared more than 15% to $14.4 billion, commissioners plan to barely nudge the tax rate down. They set the proposed tax rate at $6.56 per $1,000 of property value, down slightly from the current tax rate of $6.66 per $1,000.
The debt service tax rate also will be reduced in the financial year that starts Oct. 1. The total proposed citywide tax rate is $6.76 per $1,000 of taxable value.
If the proposed rates are adopted, Delray Beach will receive $91.8 million in property tax money, which includes $18.7 million that will go directly to the city’s Community Redevelopment Agency. The CRA also receives money from taxes assessed by Palm Beach County.
The city’s proposed operating budget is $166.1 million, an 8% increase.
The tentative tax rate had to be set in July to allow the county property appraiser to mail notices in mid-August to every property owner in advance of September public hearings on the budget. The notices cover assessed values and proposed tax rates from all the county’s municipalities and taxing districts.
The Delray Beach rates can be lowered but not raised during the city’s budget hearings in September. A second budget workshop will be held at 3:30 p.m. Aug. 22.

Where to trim?
The mayor and all the other commissioners wanted to lower the tax rate but differed in how they would achieve that reduction.
Commissioner Ryan Boylston pointed out that other Florida cities and counties are using their American Rescue Plan Act dollars — awarded by the federal government to offset expenses during the pandemic — to build affordable housing. The city’s plan is to use $3.3 million in ARPA funds to balance its budget.
“I’m not comfortable using the ARPA funds to balance the budget when our reserves are at the high end,” he said.
Delray Beach has $41.8 million in reserves, an amount equal to 27% of the operating budget, according to City Manager Terrence Moore. Boylston said reserves should be used to balance the budget.
But Mayor Shelly Petrolia looked to the proposed budget for items to cut.
She questioned whether a new mobile stage for $250,000 is needed if the current stage has another year or two that it can last.
She also challenged the need to buy $300,000 of city vehicles in the next financial year, asking whether it is possible to spread the cost over two budget years. In addition, she questioned buying a city restroom trailer for $115,000. “Couldn’t we continue to rent one?” she asked.
Petrolia also wanted to know why the Police Department needs a second patrol boat, estimated to cost $120,000 after a $65,000 contribution from the city’s fleet fund. The city Police Department currently has a patrol boat donated by the Palm Beach County Sheriff’s Office. The boat is 18 years old, will need a new engine soon at a cost of $25,000 and is not easily maneuvered, according to Ted White, Police Department spokesman.
Vice Mayor Adam Frankel agreed with finding more things to cut in the proposed budget. “Do you see any luxuries in the budget that can be cut?” he asked Finance Director Hugh Dunkley.

Positive additions
Petrolia praised the $125,683 cost for adding sidewalks to Andrews Avenue on the barrier island. At an April commission meeting, former Mayor Cary Glickstein described how the lack of sidewalks is a safety hazard for pedestrians. He saw an older woman fall out of her wheelchair after she was pushed onto the grass from the paved surface of Andrews to avoid being hit by a vehicle.
Other expenses were also deemed reasonable.
The city will spend $450,000 for a new phone system because the current one is not working properly. Another $200,000 will be used to create a time and attendance system that should solve problems noted by the city’s internal auditor. An audit this year found questionable payroll practices such as employees not writing down paid time off when it was taken. The city is in the process of creating a policy that requires full-time employees to note when they take paid time off.
At the Old School Square campus the city owns, sound and lighting improvements for the Pavilion stage will cost $120,000.
The Crest Theatre building that sits on the Old School Square campus needs another $1.3 million to finish the renovation work there, Moore said in his July 22 letter to the commission. He said the renovation money was included in next year’s capital budget.

As values increase, so do costs
While property values have increased, so have the city’s costs, Dunkley said. The city is self-insured for employee health insurance claims. Costs are projected to rise 19% or $2 million in the coming financial year, Dunkley said.
The city is finishing its employee compensation study to ensure its staff is paid properly. Moore asked for a $730,000 increase in his contingency fund to cover salary increases suggested by the study.
But Deputy Vice Mayor Juli Casale questioned whether it was the proper use of the contingency fund. Why not just give the money to the departments to disperse, she asked.
In action at their July 19 meeting, commissioners approved a 19.7% increase in the payments on residential utility bills — from $11.18 to $13.39 a month — to Waste Management to extend its trash-hauling contract from Oct. 1 to April 30. If the city needs another extension from May 1 to Sept. 30, 2023, the cost to residents will go up another 45.3%, from $13.39 to $19.45 per month.
The City Commission does not think the city was given proper notice about Waste Management’s wanting to end the contract at the end of September.

Editor’s note:

The Boca Raton City Council at a special Aug. 5 meeting unanimously repealed an ordinance that prohibits the use of conversion therapy on minors. Because council members acted on an emergency basis, the repeal is temporary. They will make it permanent at an Aug. 23 council meeting, when they are also expected to adopt a resolution that opposes conversion therapy for minors.

*****

By Mary Hladky

Boca Raton City Council members and Palm Beach County commissioners are being advised to repeal their bans on the controversial practice of conversion therapy.
The actions come shortly after a federal appeals court declined to reconsider a decision that struck down both the city’s and county’s ordinances.
The Atlanta-based 11th U.S. Circuit Court of Appeals on July 20 turned down the city’s and county’s requests that the entire court scrutinize a 2020 ruling by a three-judge panel that the bans were unconstitutional because they violated the free speech rights of two Palm Beach County therapists.
Since the ruling conflicts with decisions rejecting free speech challenges to bans by other federal appellate courts, the city and county potentially could appeal the decision to the U.S. Supreme Court.
Yet an adverse ruling by the high court would jeopardize other conversion therapy bans enacted by 21 states and about 100 cities and counties outside Florida that are not bound by the 11th Circuit’s decision, said Rand Hoch, president of the Palm Beach County Human Rights Council, who helped draft an ordinance that local governments could use as a model to prohibit use of the therapy on minors.
To avoid that outcome from a Supreme Court dominated by conservative justices, Hoch emailed county commissioners and Boca council members on July 28, asking that they repeal their ordinances and replace them with resolutions saying they oppose practicing conversion therapy on minors.
With the ordinances repealed, he said there will be no legal issue for the courts to decide.
The Human Rights Council, which supports LGBTQ youth, “does not want to jeopardize the existing conversion therapy bans,” he wrote.
County Attorney Denise Coffman, also on July 28, emailed county commissioners that she did not believe the county could win an appeal before the Supreme Court. She recommended the county end its legal defense of the ordinance and repeal it.
A Boca Raton spokeswoman said the city is aware of Coffman’s recommendation and that the city is “certainly disappointed” by the 11th Circuit’s ruling.
Boca Raton City Attorney Diana Grub Frieser has requested a private meeting with council members on the matter, but it had not been scheduled as of July 29. Such closed sessions are permitted to discuss litigation.
Conversion therapy seeks to change a person’s gender identity or sexual orientation. Many professional medical organizations, including the American Psychological Association and the American Academy of Pediatrics, have found it causes anger, anxiety, depression, guilt, hopelessness and suicide.
States, counties and cities have passed ordinances similar to Boca Raton’s and the county’s on grounds that conversion therapy not only causes psychological harm but also wrongly presumes that homosexuality and gender nonconformity are mental disorders that can be cured.
After the 11th Circuit’s panel issued its 2-1 decision, 25 cities and counties across the country supported Boca Raton’s and the county’s legal effort by signing a friend-of-the-court brief written by attorneys for Miami Beach.
Other signers in South Florida included Broward County, Boynton Beach, Delray Beach, Fort Lauderdale, Lake Worth Beach, Miami Beach, Oakland Park, Riviera Beach and West Palm Beach.
As is customary, the 11th Circuit judges in the recent ruling did not say why a majority would not grant an en banc rehearing by the full 11-member court.
While their decision not to rehear the case was stated in one sentence, it drew heated and sharply worded concurring and dissenting opinions that ran to 110 pages. In a concurring opinion, Judge Britt Grant, joined by Judges Elizabeth Branch and Barbara Lagoa — all appointed to the court by President Donald Trump — said the ordinances violated the First Amendment and called them “content-based restrictions of speech, not conduct.”
“The perspective enforced by these local policies is extremely popular in many communities. And the speech barred by these ordinances is rejected by many as wrong, and even dangerous. But the First Amendment applies even to — especially to — speech that is widely unpopular,” Grant wrote.
“What this Circuit has done — indeed all it has done — is uphold the protections of the First Amendment for unpopular speech,” she concluded. “That can be hard to do. But if the First Amendment only protected speech that judges and politicians approved of, it would not be of much use. We concur with the Court’s decision not to rehear this case en banc.”
In a 78-page dissenting opinion, Judge Robin Rosenbaum, joined by Judge Jill Pryor — both appointed by President Barack Obama — said that “every leading medical and mental-health organization” that has addressed conversion therapy “has uniformly denounced it.”
The concurring opinion incorrectly labeled “talk therapy” as “conversation” and “not medical at all,” she wrote. As a result, “no state or local government can require licensed mental-healthcare professionals to comply with any substantive standard of care at all in administering talk therapy. And no state or local government can even discipline licensed mental-healthcare professionals who violate the standard of care in administering talk therapy — no matter how incompetent or dangerous a practitioner’s practice of psychotherapy may be.
“That cannot be right. For that reason alone, this case demands en banc review.
“But that is not the only reason. Because the panel opinion effectively precludes all regulation of substantive talk therapy, it necessarily ensures that government cannot regulate types of talk therapy that significantly increase the risk of suicide and have never been shown to be efficacious.”

By Rich Pollack

More than a year after a sometimes contentious split in which Highland Beach told Delray Beach it no longer wants the city’s fire rescue services, the two municipalities are in talks to determine if — and how — they can work together down the road.
Fire chiefs from both communities met Aug. 1 to begin hammering out an agreement that would be beneficial both to Delray Beach and to Highland Beach, which is scheduled to start its own fire department in May 2024.
The meeting came just a few weeks after the county’s Emergency Medical Services Advisory Council tabled a vote on whether to recommend to the Palm Beach County Commission that Highland Beach receive a certification of need, and asked that the two municipalities talk about helping each other.
Details on how a partnership between the two communities would be structured are up in the air, with a fee-for-service option on the table.
“We have to figure out a framework for working with Delray,” said Highland Beach Town Manager Marshall Labadie. “In the long run, it will be good for both parties. It has the potential to be a win-win for both of us.
Delray Beach Fire Rescue Chief Keith Tomey said the last word on whether there will be an agreement with Highland Beach rests with city commissioners.
Tomey, who met with Highland Beach’s newly appointed fire chief, Glenn Joseph, said much of the initial discussion focused on how Delray Beach could assist Highland Beach if needed.
“My main focus is on the safety of my firefighters and the residents of Delray Beach and Highland Beach,” he said.
Highland Beach Mayor Doug Hillman said the town is looking forward to discussing an agreement. “We are happy to discuss mutual aid as long as it’s mutually beneficial,” he said.
Under the current agreement, Delray Beach staffs Highland Beach’s fire station with a rescue vehicle and a fire truck. Because that station is considered part of Delray’s overall system, backup vehicles are available from stations within the city limits.
In addition, the Delray Beach firefighters and paramedics assigned to Highland Beach currently respond to calls within Delray’s city limits. A recent study showed that the station was dispatched to about 670 calls a year in Delray, about half of its total calls.
Tomey said his department will be able to absorb those calls by filling almost two dozen open positions.
Highland Beach is planning to spend up to $10 million approved by voters to build a new station and include two fire trucks and two rescue vehicles.
“We have the ability to supply mutual aid service to adjacent municipalities,” Labadie said.
The EMS council’s vote is a potential stumbling block.
In order to provide emergency medical services to residents and potentially Delray Beach, Highland Beach must receive a Certificate of Public Convenience and Necessity, which must be approved by the County Commission.
During its meeting last month, members of the EMS council were prepared to vote on recommending approval but stopped when it was suggested that the decision be tabled until after Highland Beach and Delray Beach meet.
The council also asked for reassurances from Highland Beach that it would have three paramedics on each rescue wagon.
Prior to the tabling of the vote, Tomey expressed concern about whether Highland Beach’s plan to have seven firefighter/paramedics on a shift would be adequate.
Labadie, pointing out that Highland Beach averages about two calls per day, believes the proposed staffing levels are adequate but is not closing the door on a small increase in personnel per shift.
Both Labadie and Hillman say they are optimistic that the council will recommend that the County Commission approve the town’s application.
“We have public support, we have capacity, and we have proven value,” Labadie said.

By Rich Pollack

Highland Beach now has a new incoming fire chief, one with extensive experience in south Palm Beach County, who was chosen last month to lead the town’s effort to get its new fire department up and running.
Glenn Joseph, a veteran of more than three decades in fire service, including serving as chief in Boynton Beach and deputy chief in Boca Raton, was selected from a field of candidates after serving for almost a year as a fire consultant to Highland Beach.
“We think he’s going to be a spectacular chief and an outstanding community partner,” Town Manager Marshall Labadie said.
Joseph was one of five finalists who were interviewed for the position and stood out among the candidates, according to Mayor Doug Hillman.
“Nobody could hold a candle to Chief Joseph,” Hillman said. “He’s a fabulous choice.”
Hillman said that Joseph’s vast experience in fire rescue, as well as his understanding of the town’s needs — thanks to his months of consulting — were striking.
“He also fits right into our culture, and culture is very important in our little town,” Hillman said. “We have built a team spirit and Chief Joseph is definitely a team player.”
Joseph, 58, said he is excited about creating a new fire department and the challenges that come with it.
“How many firefighters get to start a department from the ground up?” he said. “It’s an opportunity I can’t pass up.”
The fire chief says his focus in the short term will be making sure the town obtains all the licenses and approvals it needs from county and state officials. He’ll also focus on developing policies and procedures and building the necessary infrastructure.
He expects to begin the process of hiring personnel in late fall or early winter and says the town will be looking for “the right people for the right jobs.”
In addition to being a veteran fire service administrator, Joseph is a paramedic and a nurse who worked in a trauma intensive care unit.
He has served as an adjunct instructor for the National Fire Academy since 1994 in areas related to emergency response to hazardous materials incidents.
After coming to Florida in 1976 from Saint Lucia in the Caribbean, Joseph worked for an ambulance service before joining Lantana Fire Rescue and then Boca Raton Fire Rescue.
While in Boca, he served as a firefighter, paramedic, hazardous materials technician, lieutenant, captain and paramedic supervisor before retiring in 2016 as deputy chief.
Soon after, he accepted the position as chief of Boynton Beach Fire Rescue and was there until 2019, when he left to begin a consulting practice.
Joseph holds associate’s degrees in business and nursing, and a bachelor’s degree in organizational management as well as a bachelor’s in nursing and a master’s degree in emergency management.
The chief said he is looking forward to working with the town staff and commission as well as working with nearby communities.
“We want to be good neighbors and collaborate with Delray Beach, Boca Raton, Boynton Beach and Palm Beach County,” he said.

By Rich Pollack

The Florida Department of Transportation will offer a preview this month of a major road-improvement project on State Road A1A through Highland Beach and part of Delray Beach that will include lane closures and other disruptions.
A public meeting at 6 p.m. Aug. 31 at Highland Beach Town Hall will share information about the $8.8 million resurfacing project, which is scheduled to begin in spring 2024 and continue until summer 2025.
The meeting, which will also be available virtually and posted online afterward, will include a presentation followed by an opportunity for people to ask questions.
Project manager Brad Salisbury said in addition to the resurfacing, the work will include 5-foot-wide bicycle lanes on both sides of A1A as well as improvements to drainage in swales.
The drainage improvements, designed to keep water from pooling on the roadway after a heavy rain, have long been sought by town leaders, while bicyclists have long expressed wishes for marked bicycle lanes.
To accommodate the bicycle lanes, Salisbury said, the pavement will need to be wider, with much of the expansion occurring on the west side of A1A. The project will also include upgrades to signage and pavement markings.
“There are going to be construction impacts and impacts to some landscaping,” he said.
To reduce inconveniences to motorists, work on the 3.35 miles of A1A will be done in phases, with work crews directing traffic during single-lane closures. Impacts to pedestrians are not expected, and engineers say access to all properties will be maintained throughout the project.
Those wishing to attend the meeting virtually or in person are asked to register at https://attendee.gotowebinar.com/register/520314613533228046
Participants can also dial in by calling 213-929-4221 and using access code 896-220-094.
A recording of the meeting will be posted at http://bit.ly/3LbAv9K.
“This is a good opportunity for residents to learn about the impacts they can expect for the duration of the project,” Highland Beach Town Manager Marshall Labadie said.

By Mary Thurwachter

A proposal two years in the making to turn the old Kmart shopping center into a mixed-use development with 231 apartments finally came before the Lantana Town Council on July 11.
But when council members couldn’t agree on how to proceed — and with staff recommending the project be rejected — they postponed a vote on it until Aug. 8. A council workshop will be held at 5:30 p.m. prior to the regular 6 p.m. meeting, where a vote is expected, so members can have more discussion about the project, dubbed Lantana Village.
The 18.6-acre site is owned by Saglo Development Corp. of Miami and being developed by the Morgan Group.
Cushla Talbut, an attorney with Greenberg Traurig who is processing the application, said “the $65 million investment would provide significant tax revenue increases for the town and revitalize a site that is definitely in need of some love.”
Development Director Nicole Dritz strongly recommended denial, saying the project was “not in line with the spirit or intent of town codes” and appeared to be a way of getting about 100 more apartments than would normally be allowed in the residential portion.
The plan calls for the old Kmart building to be demolished to make way for five, four-story buildings with elevators and an entry from Greynolds Circle. Amenities would be a dog park, gym, pool, upgraded parking lot and a pocket park on the north end of the site at the northwest corner of Dixie Highway and Hypoluxo Road. The apartments would be fenced in for security reasons.
Besides construction of studios and one- and two-bedroom apartments, the plans include cosmetic improvements for retail portions of the property, including Winn-Dixie, West Marine and the Lantana Pizza buildings. Four out-parcels — Bank of America, Dunkin’ Donuts, Burger King and a vacant restaurant formerly home to IHOP — are not part of the application.
Among the community benefits the project would provide, Talbut said, are enhanced landscaping with more than 500 trees, four electric car charging stations, and 24 units dedicated to workforce housing for professionals such as teachers, firefighters and police officers.
“We’re going to provide 1% of the construction cost for public artwork,” Talbut said. “Buildings will be constructed to certified national green building standards. Residents will be able to enjoy the proximity of retail shops and restaurants as well as some great community benefits such as the pocket park and artwork.”
This site is particularly challenging for a number of reasons, mostly due to the age of the buildings, Talbut said.
“The buildings went up in the 1970s and at that time there really was no landscape requirement,” Talbut said, “so you have parking lots and no landscaping. That was a challenge, to put as much greenery as we could on this.”
Additionally, some of the retail operations, such as Winn-Dixie and West Marine, have long-term leases.

Staff opposition
Dritz warned the proposed project is essentially three properties separated by fences with separate entrances and exits.
“Typically, a planned mixed-use development is a site with multiple uses combined together in a very cohesive design that encourages visitors to travel throughout the site and establishes a very clear sense of place,” she said.
“We feel that this project, however, almost draws an imaginary line around three entirely separate parcels that are otherwise unrelated,” she said, referring to the Winn-Dixie area, apartments and the Lantana Pizza area. “In fact, it feels this is an attempt to garner those 231 units on a site that only approximately 133 units would be allowed otherwise.”
She said very minor changes are proposed to the Lantana Pizza property and the Winn-Dixie area storefronts.
Vice Mayor Pro Tem Lynn “Doc” Moorhouse agreed with Dritz’s assessment.
“We can do a lot better,” he said.
“I just can’t get past a gated community in the middle of Lantana,” Vice Mayor Karen Lythgoe added. “It just doesn’t fit.”
Council member Kem Mason said he needed more time to digest all the pros and cons.
“I’ve heard a lot negative here tonight about this proposal but at the end of the day when they had the town meeting at Lantana Pizza, they got applause afterwards,” Mason said of the developers. “There are a lot of people who want this.”
He said he didn’t think it would be fair to vote on the site plan that night.
“I would like to table it until we can have another workshop very soon. Don’t make these people wait a long time,” Mason said.
Mayor Robert Hagerty said he wasn’t opposed to postponing the vote but had issues with putting a gated community inside a commercial space. He also was worried about traffic.
Lythgoe and Mason were concerned that council member Mark Zeitler, absent because of an accident at work, wasn’t there to vote on the matter.
Mason’s motion to postpone the vote until Aug. 8 passed 3-1, with Moorhouse dissenting.

By Mary Thurwachter

Is a fishing pier in the future for Lantana’s public beach?
Dana Little thinks that’s a capital idea, one he came up with himself, he told the Town Council during its July 25 meeting.
Little is the urban design director for the Treasure Coast Regional Planning Council, a public agency the town is paying $169,800 to put together a master plan. He and his team have been working with experts on marketing, real estate, and architectural design, as well as town staff and about 60 residents who took part in a charrette on July 9. Ideas for Lantana’s future have been culled from all of them.
“When you think about activating your waterfront, what about a pier?” Little asked. “It seems kind of far-fetched. Piers have been around forever. Nobody builds piers anymore, you think. In fact, the Juno pier was built in 1999, so that’s in very recent memory. The pier could become a destination for people for fishing or just hanging out, or dining.”
For the beach, which Little called “an enormous, hugely important and sacred asset,” ideas included adding a wedding pavilion or a building with a combination of ground floor sundries and upstairs meeting space for expanded dining, a cabana area, spaces for kayak and paddleboard rentals, and a pier.
“The idea here is to obviously be respectful of the dune itself — not overbuild it — and expand upon what’s already there,” Little said. “You’ve got the opportunity for expanded seating, whether it’s for the Dune Deck or another type of dining venture beyond what you have out there today, which is the empty pavilion. We think you can add to the beach and be very sensitive about it.”

Too much retail?
Real estate analysts hired by the planning council reported that the town has a strong housing market with the potential for 350 new housing units, some of which have been allocated at Water Tower Commons and the proposed Kmart site.
On the other hand, Little said, “you’ve got very, very limited office potential, a little bit more room for industrial and a market potential for up to 220 hotel rooms.”
What was shocking, Little said, was the revelation that Lantana is significantly over-retailed.
“You have 91 to 95 square feet of retail in this town for every man, woman and child,” he said. “The national average is 24 square feet. You’ve also got very little vacancy, 4-5% vacancy. So, there’s not a lot of retail growth potential.”
This is important to know, Little said, “because we don’t want you to go forth and build a lot of retail when you can’t support it.”
During his progress report before a chamber filled to capacity with council members and other residents, Little — armed with slides showing artist’s renderings and market analysis — presented some of what the visionaries had come up with.
Besides the beach, ideas for other parts of the town included:
• Adding even more housing to Water Tower Commons, where developers have struggled to attract retail tenants.
• Keeping one or two historical buildings on Ocean Avenue and redeveloping the other parcels with three-story buildings and significant parking in the rear.
• Redoing on-street parking with shade trees and less asphalt on and around Ocean Avenue — and better managing available parking to avoid need for a garage.
• Reconfiguring the municipal campus on Greynolds Circle with plans for a new town hall and more green space.
• Addressing the redevelopment of the Kmart shopping area in phases and lining the streets with buildings that eventually could be mixed-use. The idea is to make the area an extension of the town, not walling off a piece of it as a current proposal does, Little said.
Little will be back in several months with a draft of the master plan.
“You’re not obligated to do anything with it, but by adopting a plan you send a message to the development community, the investors that you don’t even know about, and your residents as well, that we have a game plan and we’re going to start moving forward with this and we’re going to start chipping away piece by piece.”

By Mary Thurwachter

Budget workshops seldom draw a crowd in Lantana, where the tax rate has remained mostly the same for the past 21 years. That changed this year after word of a proposed tax hike spread.
Despite a 15.8% increase in the town’s tax base this year, Town Council members are planning to increase the tax rate 7.1% on top of that, for a total $1.06 million tax increase. Town officials are concerned about how inflation and the overall economy are going to affect town expenses — and residents are worrying the same thing about their personal budgets.
The council chambers were filled on July 11 for the second budget workshop. One by one, residents voiced their opposition to an increase, but to no avail. During the regular council meeting that followed, members voted 4-0 to up the tentative rate from $3.50 to $3.75 per $1,000 of taxable value.
Reached by phone, council member Mark Zeitler, who the night of the meeting was in the hospital recuperating from a work mishap, said he didn’t think the town needed to raise the millage rate and he would have voted against it.
Town Finance Director Stephen Kaplan said factors affecting budget development that are creating economic uncertainty include the COVID-19 crisis, the war in Ukraine, a challenging labor market, rising inflation (which was at a 40-year high), supply chain issues and increasing fuel costs.
Raising the tax rate will bring in an additional $365,000, Kaplan said, enough to balance the proposed budget.
Vice Mayor Pro Tem Lynn “Doc” Moorhouse said that the $3.75 rate could legally be reduced before the budget is adopted in September. He cautioned against that, however, saying the town was “turning a corner” and not raising the rate would slow the progress. Not raising taxes, he said, would result in the infrastructure’s “going to crap again.”
But residents weren’t happy.
“Everything’s tight for everybody right now,” Hypoluxo Island resident Mark Hodnett said during public comments. “If you guys are having trouble with your budget at the town level, you can imagine the trouble we’re having at home. Some of us are living paycheck to paycheck. And some people can’t put gas in the car right now because of fuel prices. Every nickel matters. Please, please, please look for other ways to do this other than raise the taxes.”
Another islander, Ann McGlinn-Work, said that for the town leaders “to nonchalantly raise taxes by 7% — or 22% if you look at the rollback rate — is a little extreme right now.” The rollback rate, which this year is $3.06 per $1,000 of taxable value, is the tax rate the town would charge to raise the same amount of taxes as it received the previous year (excluding taxes generated from new construction).
McGlinn-Work criticized the proposed tax rate increase, given the extra taxes already expected from rising property values and $23.5 million in new construction, and other higher bills facing residents. “We have an 8% increase in our solid waste fees. We have an 8.6% rate adjustment for water and sewer utilities. This is all getting a little out of hand,” she said.
McGlinn-Work also said the proposed 5% to 8.5% cost-of-living adjustment seemed excessive. “I don’t know of any company giving that up right now,” she said. “I’m just asking you not to do it.”
Kaplan said the town wanted to retain staff and kept that in mind when looking at pay increases.
“The private sector sometime differs from the public sector,” Kaplan said. “In some policies, it actually points out that we should be putting in for 8.6%” raises.
The preliminary budget currently contains money for 5% raises, he said.
“We looked at the other surrounding agencies because that’s what we’re in competition with,” Kaplan said. Their planned pay increases “range anywhere from 3% up to over 8%, with the majority around 5%,” he said.
Erica Wald, who also lives on Hypoluxo Island, wanted to remind council members they were spending other people’s money.
“The tax base is up, property values are up and we’re still spending like there’s no limit. Please, look at our money carefully,” she said, urging negotiation on each expenditure.
Dave Stewart, the town’s former mayor who served for 21 years, encouraged the elected officials to remember their campaign promises not to raise taxes.
“This increase from $3.50 to $3.75 is unacceptable,” Stewart said. “It’s unsustainable. You need to look at where the money is going and try to budget within your means. This year, because you have an increase in property values from $1.2 billion to $1.5 billion, you should be able to stay at the current millage rate or even reduce it.”
Several residents noted that some projects in the budget were in last year’s budget, as well, and were concerned about duplication. They also questioned why the town was buying new vehicles so often.
Kaplan explained that the town wasn’t double-dipping but that “in some cases, only the first phase of a project was funded this year, and the second phase was in the budget for the upcoming fiscal year. Sometimes, as we see prices increase, the funding we had is not enough.”
Town Manager Brian Raducci addressed the complaints about buying new cars.
“A lot of the vehicles being replaced have been deferred for a long time,” he said. “We’re playing catch-up.”
As far as overall spending, Raducci said the town was “trying to be a little more proactive than reactive and it takes funding to do that.”
During a visioning workshop in April, council members chose maintaining infrastructure as their priority, followed by beautification projects. Both needed more attention, Raducci said.
“The town didn’t get to where it is in a year or two,” Raducci said. “It’s not going to get turned around in a year or two. It’s a process. We’re starting that process.”
As of the July 11 workshop, the proposed budget was $25.7 million. The first and second public budget hearings will be in council chambers at 5:30 p.m. on Sept. 12 and Sept. 26.

OCEAN RIDGE — Liliane Sivitilli, formerly of Toronto and Quebec province in Canada, died July 7. She was 83.
Mrs. Sivitilli was born in Chicoutimi, Quebec, on Nov. 11, 1938.  In 1961, she moved to Toronto, where she met her husband, Orlando Sivitilli, and reared her children as a homemaker. The couple wintered in Florida from 1977 through 1994, when they made Florida their full-time residence.
Mrs. Sivitilli founded a business at the age of 56, which she sold successfully at the age of 65.
Mrs. Sivitilli is predeceased by her husband of 53 years as well as her parents, Mederic and Irene Francoeur.
Mrs. Sivitilli is survived by her daughter Lisa Sivitilli (Ted Latchman), son Rob Sivitilli (Julia Shen) and grandsons Roland Sivitilli and Luke Sivitilli. She is also survived by her siblings Jean-Claude, Camil, Ginette, Michelle, André, Suzanne (Murray Cain), and Guy (Jackie Jones).
Visitation was held July 11 at the Lorne & Sons Funeral Home, 745 NE Sixth Ave., Delray Beach. 
A funeral Mass was celebrated July 12 at St. Vincent Ferrer Catholic Church, 840 George Bush Blvd., Delray Beach.
In lieu of flowers, contributions may be made to Mrs. Sivitilli’s favorite charity, St. Jude Children’s Research Hospital, at www.stjude.org.

— Obituary submitted by the family

DELRAY BEACH — Patricia Johnston O’Hearne of Delray Beach died surrounded by family June 19 at the age of 84.
Patricia Johnston was born in Brooklyn on April 9, 1938, to Patricia and Robert Emmett Johnston. The oldest of three daughters, she was 10 and 11 years older than her sisters and famously thought the elder was her 10th birthday present.
After high school in Hempstead, New York, she earned a bachelor’s degree from Barry University (then Barry College) in Miami Shores in 1959 and later a master’s degree from Fairfield University in Connecticut. She was a loyal and proud alumna of her schools, particularly Barry where there is a scholarship in her name.
She met Dave O’Hearne in high school. After years of friendship, they began dating in her senior year of college and married on April 29, 1961. They moved often — living in Massachusetts, New York, Connecticut (four homes in the same town!), Colorado, New Hampshire and ultimately Florida. With each move, Mrs. O’Hearne quickly created a warm and lovely home and began welcoming family and friends.
Mrs. O’Hearne was a natural leader with many passions. She worked as a journalist, teacher, bookstore owner and politician. She was an enthusiastic traveler who particularly enjoyed Windstar Cruises’ crossings between the Mediterranean and the Caribbean.
An ardent Democrat, she once served as the clerk in the Connecticut State Senate and volunteered extensively on campaigns in Connecticut, Colorado and Florida. She sent red, white and blue flowers to her grandchildren on their 18th birthdays to remind them to register to vote.
She was a devout Catholic, a longtime parishioner and Eucharistic minister at St. Pius X in Fairfield and more recently at St. Lucy Catholic Church in Highland Beach.
She disliked “nonsense,” swearing, complainers and sitting still. She loved reading, making French toast and blueberry pancakes for her grandchildren, talking on the phone, gardening, going to tea and organizing a dinner to celebrate — almost anything. She was the proud vice president of the Pat O’Hearne Club. With all that, she survived 84 years without being wrong once.
She is survived by David B. O’Hearne, her beloved husband of 61 years; their children Brian O’Hearne (Kerry Moynihan), Mary O’Hearne and Jennifer Shepard (Michael); sisters Stefanie Gugelot and Mary Blum (Peter); grandchildren Marine Cpl. Patrick O’Hearne, Liam Shepard, Deirdre Shepard, Navy Ensign Aidan O’Hearne and Brendan Shepard; nieces Deirdre Gugelot and Caitlin Moran; cousin Michael Botty and many cousins who came after him; two great-nieces and two great-nephews; and countless friends.
A funeral Mass was celebrated on June 30 at St. Lucy’s followed by burial at the South Florida National Cemetery west of Lake Worth.
In lieu of flowers, the family requests contributions to Trustbridge Hospice at Bethesda Hospital East, where the nurses took such good care of her.
Trustbridge–Bethesda Memorial Care Center, 2815 S. Seacrest Blvd, Boynton Beach, FL 33435 or www.trustbridge.com/donate-now.

— Obituary submitted by the family

SOUTH PALM BEACH — Patricia Catherine Schulmayr died June 19 after a brief illness. She was 86.
Born on Feb. 20, 1936, to John and Catherine McCarthy, Mrs. Schulmayr was blessed with a loving family and married to the love of her life, Joseph Schulmayr, who predeceased her.
After finishing high school, Pat graduated from the Brown Business School in New York City. Prior to rearing her family, she worked as personal secretary to the CEO of sales of NBC in New York. While her children were growing up, Mrs. Schulmayr worked as personal secretary to the principal at the high school that she and all her children attended in Amityville, New York.
 Mrs. Schulmayr moved to South Palm Beach in 1985 and immediately began putting everyone else before herself — whether it was working with people in recovery from the throes of addiction, or activism in her local community. Mrs. Schulmayr transferred her experience and energy into her condo association, was elected councilwoman and, eventually, became vice mayor of South Palm Beach. 
 Mrs. Schulmayr’s passions were her family, walking on the beach, collecting beach glass, traveling with her husband, Joe, solving crossword puzzles and an occasional casino visit. She will be truly missed. 
 Mrs. Schulmayr is survived by her daughter Susan Allen (George); and her sons Robert Schlinger, Ross Schlinger (Maureen) and Patrick Schlinger (Shelly). She is also survived by grandchildren Taylour, Gavin, Logan, Megan Long (Donnie), Carli, Kaitlin, Samantha, Jennifer and John. She is survived by one great-grandchild, Charlie James.

— Obituary submitted by the family

DELRAY BEACH — On July 2, Delray Beach lost a legend.
Sande Strong, owner of Sande’s Restaurant — “where the locals go” — always had a smile, a kind word and a quick wit for those who came to Sande’s for a meal. She was 79.
Jim and Sande worked side by side every day of their 53 years of marriage. She will forever be his “Lulabell.” They made an amazing life for themselves and their children.
The community benefited greatly from their generosity over the years with donations of money, meals and time with the Elks Club, Mark Garretson memorial fishing tournaments and many other organizations.
Sande’s greatest legacy was her children. Their independence, strength and zest for life made her proud every day.
Sande is survived by her soulmate and best friend, James Strong; her sons, Geoff and Kevin; her two daughters, Kim and Shayne; seven grandchildren and two great-grandchildren.
Lorne and Sons Funeral Home, 745 NE Sixth Ave., Delray Beach was in charge of services early in July.
In lieu of flowers, the family asks that contributions be made to the Alzheimer’s Association.

— Obituary submitted by the family

DELRAY BEACH — Patricia “Pat” Lyng Canning died at home on July 19. She was 93.
Pat Lyng was born Aug. 13, 1928, in Detroit to Robert Emmet Lyng and Emelia Feldmen Lyng. She was the second of five girls and often referred to herself as “the boy,” preferring the outdoors and always helping on the farm.
The family moved to a farm in Ralls County, Missouri, in 1938. She worked on the farm until leaving for college to attend the University of Missouri in Columbia. During the summers Pat worked in camps for kids in Colorado, teaching horseback riding and other sports.
She graduated with a degree in physical education in 1949 from Mizzou and went on to receive a master of science in physical education at the University of Colorado. She taught PE in Shelbyville, Illinois, for two years, before moving to St. Louis, where she continued teaching PE at Ladue School, now known as Reed Elementary, for 17 years.
She married Vince Canning Jr. on Oct. 5, 1968, and moved to Delray Beach, where Vince owned and operated Vince Canning Shoes until retiring in 1994.
While Vince was working in the shoe business, Pat became a full-time volunteer. She loved the children at the Achievement Centers for Children and Families and taught PE for many years from the time it opened in Delray Beach.
Always sport-minded, Pat and Vince enjoyed golf, hiking and canoeing. They famously took many nieces and nephews on canoe camping trips to the Canadian Boundary Waters in northern Minnesota and enjoyed the fall season hiking Acadia National Park year after year.
A nature lover, Pat recognized nearly every Florida bird and native animal by sight and sound and led lively tours at Loxahatchee National Wildlife Refuge for years, encouraging her groups to observe both plants and birds for “twice the joy.”
She enjoyed birdwatching around the world and was a member of the Royal Palm Audubon Society, regularly taking to the shore for the annual Audubon Christmas Bird Count. She was honored for 5,000 hours of volunteer work for the U.S. Fish and Wildlife Service.
Mrs. Canning was instrumental in the formation of Atlantic Dunes Park on A1A, held many offices in the Delray Beach Garden Club, including five terms as president, served eight years on Delray’s beautification task force and served on the Delray Beach Library Board.
Pat and Vince dearly loved their town and volunteered for several events, most notable helping to build the 100-foot Christmas tree.
The couple gave time and treasure at the Caridad Center, were faithful members of St. Vincent Ferrer Catholic Church and enjoyed daily beach walks. Pat will always be remembered on Nassau Street for her homemade sourdough bread and by friends and family alike for her hospitality at her “Nassau Inn.”
Preceding her in death were her husband, Vince Canning; their infant daughter, Karen; her parents; and three of her sisters, Betty Lyng, Peggy (Lyng) Jones and Kathleen (Lyng) Epperson. She is survived by one sister, Jane Coose of Troy, Missouri, and many nieces, nephews and great-nieces and great-nephews.
A private family celebration of her life will be held at a later date.

— Obituary submitted by the family