Marine Way resident Jerry Spivey tiptoes through rising water Oct. 9 to reach his vehicle during the annual king tides. Many residents along the coast were relieved that the effects of the seasonal high tides were not as bad as in some previous years. Municipalities along the beach continue to look for ways to mitigate the flooding. Jerry Lower/The Coastal Star

By Mary Thurwachter

A year after Hurricane Irma left the trail at the Nature Preserve in shambles, the Lantana Town Council is still grappling with the best way to restore it. Only the front portion of the path is accessible.
In May, the council talked about constructing a concrete path, a $66,000 project that would be built over two years. But council members said they weren’t thrilled with the idea of a concrete walkway in a nature preserve, and some thought the cost was too high. They asked Town Manger Deborah Manzo to look into other options, including one with composite wood and hand railings.
On Oct. 8, Manzo presented an estimate of $709,470 from Marlin Marine Construction for a composite wood path with handrails and pilings. Council members said that project was out of its price range.
Manzo said another option for the 6½-acre preserve at 440 E. Ocean Ave. would be to use treated wood, where the planks for the same square footage as the composite trail would be $8,279 (installation costs were not available). Council member Phil Aridas said he thought a pressure-treated wood boardwalk was the way to go, but others had different ideas.
Vice Mayor Ed Shropshire suggested pavers and said Water Tower Commons was going to have them.
Council member Malcolm Balfour said a macadam path like those at many golf courses would be far less expensive.
“Concrete, which I’m not crazy about, is far better than pavers and certainly better than $709,470,” said council member Lynn Moorhouse. “Pavers move.”
To cover all bases, Manzo was directed to get estimates on a path made of pressure treated wood, from pavers and on macadam.
Mayor Dave Stewart said the town, because of an agreement made when the Nature Preserve was built in the late 1990s, cannot spend any more on the property than the $50,000 annual payment it receives from the Carlisle senior living facility next door. The town’s annual cost to maintain the park is about $20,000, leaving $30,000 to spend each year on needed improvements.
Manzo said some funds for the project could be carried over from this year “because we had planned on doing the smaller portion of the path in fiscal year 2018 and since we have not, we will carry those funds over and use the other funds for fiscal year 2019.”
The smaller loop of the trail would be tackled the first year and the larger loop the following year, Manzo said.
Between $1,000 and $2,000 for the pathway project would come from FEMA, which supports repairs such as this as an improvement or mitigation project.

Incentive program planned to retain building heights

By Jane Smith

Some rule changes are coming to downtown Delray Beach after city commissioners finished a required review of the central business district’s land development regulations.
The rules regarding height, architectural styles and open spaces, passed in February 2015, mandated a three-year review to make sure the regulations worked to “shape the desired downtown environment.”
In addition, at the Oct. 9 city workshop meeting, commissioners directed staff to create an incentive program to keep property owners satisfied with the current one- and two-story building heights and to eliminate the pay-for-offsite-parking program that exists in the downtown, generally along East Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway.
The incentive program, known as a transfer of development rights, might encourage East Atlantic Avenue property owners to hold onto their one- and two-story buildings instead of selling to a developer who might desire to build to the allowed three-story height.
City Planner Anthea Gianniotes said it’s best to allow the private market to determine the value of each story. Then, a developer who wants extra stories or more density in another area would make a deal with an Atlantic Avenue property owner, paying for the extra story.
As a result, the Atlantic Avenue property would remain at its current height and the developer would be able to build a taller building in another area.
The problem, commissioners and staff agree, is finding where that area exists east of the Interstate. Congress Avenue already has development incentives.
“You can offer incentives using the carrot or the stick approach,” Gianniotes said.
For parking in the central core, commissioners want to eliminate the pay-for-extra-spaces program, called in-lieu parking. Restaurants have the highest parking requirement per square feet of all uses in the city. Retail is second highest, followed by residential.
“Parking is a policy choice, not a technical issue,” said Tim Stillings, development services director, when talking about the pay-for-spaces program.
For newly constructed buildings, developers can buy up to 30 percent of the required spaces, he said. For those who reuse existing buildings, developers can buy all of the parking spaces needed, Stillings said.
The cost varies by the subdistrict, with central core building owners paying the highest rate at $23,600 per space.
As of early October, the city has collected $1.9 million in these fees since 1993, when the in-lieu program started, Stillings said. That amount is well below the cost of building a new garage where spaces would cost between $25,000 to $35,000 each, he said.
The fee might be too low, if it’s paid only once, Mayor Shelly Petrolia said. “Maybe it should be an annual fee?” she said.
Petrolia also suggested the library surface lot as a possible parking garage site, because it already has the footings needed to support the building.
Also under the revised rules, which won’t require another review, owners of office buildings and hotels can now have enclosed and air-conditioned amenities on their roofs for guests, renters and walk-in users to enjoy.
Menin Co., which is developing the Ray hotel in Pineapple Grove, sought to define the percentage of the rooftop that can be enclosed and air-conditioned. Vice President Marc Yavinsky suggested 25 percent at the Sept. 25 commission meeting, saying the Ray’s rooftop kitchen needs to be enclosed to avoid outdoor cooking fires.
Planning staff agreed and the 25 percent figure made it into the revision.
But, at the Oct. 16 meeting, commissioners expressed concerns about light and noise pollution from rooftop uses affecting nearby condo residents. They decided to ban live bands and DJs on the roofs. Commissioners also limited the rooftop lounge hours to 10 p.m. from Sundays through Thursdays and 11 p.m. on Fridays and Saturdays.
In addition, they agreed to allow outdoor dining and other outside uses in the railroad corridors, increased the required amount of green space in proportion to the building size to break up the long buildings and limited the number of financial institutions that can occupy the first floor along Atlantic Avenue and Pineapple Grove Way (Northeast Second Avenue).

How rules define central business district

Revised rules cover four subdistricts:
• The central core, consisting of East Atlantic Avenue between Swinton Avenue and Intracoastal Waterway, Pineapple Grove neighborhood to Northeast Fourth Street and Federal Highway between George Bush Boulevard on the north and Southeast Fourth Street on the south.
• The beach, made up of East Atlantic between the Intracoastal and A1A.
• The West Atlantic neighborhoods, between West 12th and West Third avenues.
• The railroad corridors, along the FEC tracks from Northeast Second to Northeast Fourth streets and Southeast Second to nearly Southeast Seventh streets.

By Steve Plunkett

Municipal leaders are taking a cautious approach to the possibility that constitutional Amendment 1 will be approved on Election Day.
“If it passes then local governments, which are the ones that tax by property taxes, will see a decrease in revenue. We’re already estimating that if it passes it will be $1.8 million,” Boca Raton Mayor Scott Singer said.
“And yes, a tax cut sounds like a wonderful thing. As the League of Cities has been pointing out, this is not a tax cut, this is a tax shift,” Singer continued at the Oct. 10 City Council meeting. “So please give special consideration to that.”
The proposed amendment would give up to an additional $25,000 exemption to homesteads valued at $100,000 to $125,000. There already is a $25,000 exemption on the first $25,000 of assessed value and a second $25,000 exemption on the value between $50,000 and $75,000. The second and potential third exemptions do not apply to school district taxes.
In Ocean Ridge, Town Commissioner Kristine de Haseth also urged voters to educate themselves. The town would see tax revenues drop by about $75,000, while Palm Beach County government would lose $27.3 million.
De Haseth said 66 homesteads in Ocean Ridge are assessed at less than $100,000 and would not qualify for the additional exemption; 541 would be eligible for at least part of it.
“I encourage you to educate yourself on all the pieces, make sure that you know what it means to you personally and also what it means to your town,” she said Oct. 1.
Florida TaxWatch urged voters to say no.
“The proposed homestead benefits relatively few Florida families (29 percent) and property owners (24 percent). It also benefits only 57 percent of homestead owners,” the nonprofit watchdog group said. “It will likely lead to increases on everybody else, with higher taxes on lower-income homeowners and small businesses, and increased rents for renters.”
Also opposing the Florida Legislature-approved proposal were the Florida League of Cities, the Florida Association of Counties and the Florida City and County Management Association.
Delray Beach passed a League of Cities-sponsored resolution as part of its Oct. 16 consent agenda urging residents “to carefully consider the potential adverse consequences of Amendment 1 before voting.”
The consequences include municipalities being forced to raise property tax rates, benefits going to only a handful of homeowners, and businesses being exposed to a “much higher” tax burden, the league said.
Palm Beach County Property Appraiser Dorothy Jacks said the maximum benefit for Boca Raton homesteads assessed at $125,000 and up is $282. Depending on the municipal tax rate, the benefit would range from $200 to $300, she said.
Robert Rollins, chairman of the Greater Boca Raton Beach & Park District, said on its face, the proposal is appealing.
“As a homeowner I’d be leaning toward this,” he said.
But the district, which is funded almost 100 percent by property taxes, would have to either cut services or raise its tax rate if the amendment is approved, he said.
Gulf Stream Mayor Scott Morgan was not too worried about the prospect of the third exemption.
“We’re a small town. I don’t think it’d be a particularly significant issue,” Morgan said.
Jacks estimated the amendment would mean a loss of $35,849 for Gulf Stream.
She also predicted lost tax revenues of $40,795 in South Palm Beach, $70,129 in Lantana, $9,294 in Manalapan, $11,595 in Briny Breezes, $1.6 million in Boynton Beach, $1.6 million in Delray Beach and $153,864 in Highland Beach.

By Dan Moffett

For the third time, Publix tried to persuade the Manalapan Town Commission to allow a free-standing wine and liquor store near the company’s new supermarket in Plaza del Mar.
And for a third time, commissioners politely said thank you for your service, but no.
“You’re offering a convenience, but the community is telling us they don’t want that convenience,” Mayor Keith Waters said during the commission meeting on Oct. 23. “The feedback has not been positive.”
The opposition again was largely focused on the proposed liquor store’s proximity to the beach — roughly 200 yards. Commissioners worried that students on spring break would find it too easy to abuse alcohol and party in places and ways they shouldn’t.
“I’m worried about underage drinking,” said Vice Mayor Peter Isaac. “We could be enabling binge drinking at the beach.”
Commissioner Clark Appleby said even a “high-end liquor store” would be likely to “invite a certain crowd” that would cause problems for police and residents.
Mark Klein, general manager of the Eau Palm Beach Resort and Spa, told the commission that a carryout liquor store would hurt the hotel’s business. Klein said that, though the Eau serves alcohol in its bars and restaurant, the drinking occurs in a controlled environment.
“No doubt that hard liquor does encourage poor decision-making,” Klein said. “However, every one of our service staff is trained to recognize potential overindulgence and poor behavior. We do have controls.”
The commission voted 6-1 against Publix, with Commissioner Hank Siemon siding with the company. Waters did not have a vote.
“I don’t see the moral hazard and health concern,” Siemon said. “We have a history with Publix. We know what they do and they do it very well. Publix is a good neighbor, and I think they would handle it very well.”
Matt Buehler, a retail vice president with plaza landlords Kitson & Partners, told the commission that Publix’s request for a separate liquor store was necessitated by a Florida law that prohibits selling hard liquor inside supermarkets. Only beer and wine are allowed in the main store.
“There has to be separation,” he said. “This is a retail package store. It is not a bar.”
Buehler promised the commission that the liquor store would be “an extension of the Publix retail store” and run as efficiently as the grocery operation, with a security guard on site.
But commissioners, as they have said repeatedly over the last two years, were steadfast against the idea.
“It diminishes the value of the property in the neighborhood,” Mayor Pro Tem Simone Bonutti said. “I’m looking at the public health and safety of our kids, too.”
When the original plans for building the Publix first came to town officials over two years ago, a liquor store some 30 feet west of the supermarket was included. But the company, faced with opposition, pulled the store from the site plan before the project got underway. Last March, with the supermarket’s grand opening nearing, Publix again brought the liquor store issue to the commission, and commissioners voted it down as they did in October.
Twenty years ago, Publix stayed out of the liquor business. But as competition within the supermarket industry intensified and grew even more cutthroat, the company has gradually changed course. Over the last decade, Publix has acquired or built more than 100 liquor stores throughout the Southeast as a way to maximize profits.
According to industry analysts and the Distilled Spirits Council of the United States, a liquor store can generate more than twice the profit margin per square foot as its companion supermarket next door.
Waters said he would not be surprised if the company keeps trying.
“I have a sneaking suspicion we’re going to see this again,” the mayor said. “I would hope logic would tell you that to move forward would be moving forward against the wishes of the community.”

By Steve Plunkett

The race for District 89 in the Florida House may well come down to which party gets more voters to the polls Nov. 6.
The ballot features two barrier island residents: Ocean Ridge Mayor and lawyer Jim Bonfiglio, the Democrat, and Delray Beach accountant Mike Caruso, the Republican.
The Aug. 28 primaries were close, party-wise, with 12,437 Democrats casting ballots compared with 12,028 Republicans. District 89, which typically leans Republican, stretches along the coast from Boca Raton to Singer Island.
A third candidate, business owner Deborah Wesson Gibson, a Delray Beach mainlander, was not affiliated with a party and dropped out of the race in August.
In a letter to the state Division of Elections, Gibson, 55, said she was withdrawing to not peel off votes from the Democrat in the race. “It is not my intent to split the party’s votes and effectively lend a hand to whoever wins the Republican primary,” she said.
Bonfiglio, 65, who has campaigned on making life “easier, safer and better,” has been on the Ocean Ridge Town Commission since 2014 following 14 years on its Planning and Zoning Commission. He had $84,258 in campaign contributions through Oct. 19, the latest numbers available. He also lent his campaign $270,000 and added $5,368 in in-kind donations.
Bonfiglio, who was named mayor by his fellow commissioners in March, received only $2,003 from six donors with Ocean Ridge addresses. He had $311,975 in expenses and $47,651 cash on hand.
Caruso, 60, a forensic CPA who qualified to run for the House by collecting 1,241 signatures, says he will bring “real, experienced, community-based leadership” to the state Capitol. He has been a member of the Delray Beach Police Advisory Board and president of his homeowners association. As of Oct. 19 he had collected $227,787 in contributions, lent his campaign $204,125 in cash and given $304 in kind. His 51 donors with Delray Beach addresses contributed $25,662. Caruso’s expenses were $374,212 and he had $58,004 cash on hand.
Caruso, a self-described fiscal conservative, says now is not the time to raise taxes. “Instead we need to allow [everyday Floridians] to keep more of their money in their own pockets to help continue to fuel our robust Florida economy,” Caruso told the League of Women Voters.
Bonfiglio says the state needs to find more equitable and reliable revenue streams.
“I support 1) legalizing and taxing recreational marijuana, 2) legalizing and taxing sports betting, 3) look more to corporations, LLCs and businesses to pay their fair share for the costs of government based on their revenue and degree they draw from our education system and use/over-use our infrastructure and threaten our environment, 4) claw back some of the tax breaks given to large businesses and corporations, especially the most recent federal income tax breaks,” he told the league.
Caruso has the endorsements of Boca Raton Deputy Mayor Jeremy Rodgers, departing District 89 state Rep. Bill Hager, the Boca Raton Chamber of Commerce and the county firefighters union.
Bonfiglio is endorsed by U.S. Rep. Lois Frankel, Boynton Beach City Commissioner Justin Katz and School Board member Frank Barbieri, as well as the county Classroom Teachers Association.
Hager, who first won the District 89 seat in 2012, is leaving office because of term limits.

Patty Jones is chairwoman of the Palm Beach County Food Bank’s Empty Bowls fundraiser. Tim Stepien/The Coastal Star

By Brian Biggane

Patty Jones was in her 20s when her father suffered an aneurysm at the age of 44 and went on disability.
“He was in rehab for two years, but luckily he had myself and other family, and we banded together to take care of him and pay his bills,” said Jones, who lives in coastal Delray Beach. “So I totally understand how someone gets in a position where they wind up living paycheck to paycheck because of a health issue.”
Three years ago, a friend invited Jones, 49, to join the board of the Palm Beach County Food Bank’s Empty Bowls program when it came to Delray Beach. She accepted and will serve as chairwoman when the program hosts a fundraiser at Old School Square from 11 a.m. to 2 p.m. Dec. 2.
“Realizing that one in six people in our community, a lot of whom are children and senior citizens, can’t afford meals, that really hits home to me,” she said. “It’s an event that brings awareness of the hunger in our community.”
The motto of the event is “Eat simply, so others may simply eat.”
For $25 in advance or $30 at the door, patrons get a picnic lunch of their choice of soup (more than 35 local restaurants will donate), bread and a cookie (donated by Old School Bakery) and water. Each customer takes a pottery bowl home as a reminder of all the empty bowls in the community. Additional bowls can be purchased.
Also available for purchase are painted pottery bowls that were created and donated by the local schools, and soup-to-go will also be for sale. Attendees will be able to support the restaurants by voting for the best soup.
All proceeds go to the PBC Food Bank.

Q: Where did you grow up and go to school? How do you think that has influenced you?
A: I grew up in Wyoming, Mich., where I attended the Godwin Heights school system all the way through high school. Wyoming was a suburb of Grand Rapids; it was a small hometown, and we played in the streets until dark and knew all the neighbors within a three-block radius. We were really raised “by the village.” I learned early how to be independent and responsible from my family and my surroundings. When I moved to Florida in 1987, I attended Palm Beach Community College while I worked.

Q: What professions have you worked in? What professional accomplishments are you most proud of?
A: I worked for the same company for 16 years. The company started as Circle K, was bought by several gas companies and was Conoco Phillips when I left. I started as a clerk and worked my way up, being promoted into the office and was administrative assistant to most of the departments: HR, marketing and operations. I learned how to adapt and accept change through the many restructures.

Q: What advice do you have for a young person seeking a career today?
A: College is a must in today’s world, but take your time to find your passion.

Q: How did you choose to make your home in Delray Beach?
A: We lived on Hypoluxo Island for years, but we wanted to make it back to Delray Beach — my husband, Rod, grew up on Lake Ida — to be closer to the kids’ elementary school. We found the perfect location in the Seagate area and have stayed.

Q: What is your favorite part about living in coastal Delray Beach?
A: I love the feeling of Delray Beach. It has everything you need but still has the hometown feel. You can hop on the boat just about every day of the year. We have access to the beach, plenty of restaurants and shops. Who doesn’t love to drive a golf cart around town!

Q: What book are you reading now?
A: I just finished The Girl Who Takes an Eye for an Eye, by David Lagercrantz.

Q: What music do you listen to when you need inspiration? When you want to relax?
A: I like to listen to everything, from the oldies to alternative music. I enjoy listening to music and going to concerts. My favorite band at the moment is Maroon 5, which inspires me. To relax, I listen to Jewel.

Q: Do you have a favorite quote that inspires your decisions?
A: One is from Stephen King: “Get busy living or get busy dying.” I’m always busy and over committing myself, but I enjoy that. I’m lucky enough to go out and do things that I love. Another one is, “Motivation comes from work, and working on things we care about,” from Sheryl Sandberg. My motivation comes from things I love and that I care about. That inspires me.

Q: Have you had mentors in your life? Individuals who have inspired your life decisions?
A: My former boss, Alex Brethauer, was a big influence on me. He taught me that hard work does pay off and if you make a mistake, always be the first to admit it.

Q: If your life story were made into a movie, who would play you?
A: Michelle Pfeiffer. That comes from my sister, but she made the point that I’m quiet and I’m motivated. She also mentioned Jodie Foster; I don’t look like her, but I guess I’m independent and quiet and tough. But I’d say Michelle Pfeiffer is the best one.

If you go

What: Empty Bowls Delray Beach, benefiting the Palm Beach County Food Bank
When: 11 a.m. to 2 p.m. Dec. 2.
Where: Old School Square
Cost: $25 in advance, $30 at door
Info: 670-2518, oldschoolsquare.org/events/empty-bowls/

By Mary Hladky

Palm Beach County Tax Collector Anne Gannon has prevailed in her long battle to ensure vacation rental hosts pay the 6 percent tourist development tax to the county.
The Palm Beach County Commission on Oct. 16 unanimously passed an ordinance that requires vacation rental platforms to collect and remit to the county the so-called bed tax that hotels and other short-term rentals are required to pay.
“We need more tools in our toolbox to enforce our bed tax,” Gannon told commissioners.
Vacation rentals are a $36 billion industry in the U.S. and growing rapidly. Airbnb, one of the best-known companies, had 2,300 hosts in Palm Beach County last year.
Gannon has long contended the county is not getting all the bed tax revenue it is owed because vacation rental hosts either do not know they are supposed to pay or simply don’t want to.
The ordinance adds to rules already in place that require hosts to pay the bed tax. But now, vacation rental platforms will have to take on the burden of making sure that happens.
The platforms must verify that vacation rentals are registered with the Tax Collector’s Office and have a business tax receipt and a tourist development tax account before they can list the rentals on their platforms.
They also will have to file monthly reports with the tax collector that include the names of all hosts, each vacation rental’s location, and number of nights rented and amount paid for each stay.
Any platform or booking service that violates the rules faces civil penalties of up to $500 per unit per day.
Although the ordinance applies to all hosting platforms and booking services, much of the focus has been on Airbnb because of its strong resistance.
“We don’t need this shakedown-style ordinance,” Airbnb’s Florida policy director Tom Martinelli told commissioners on Sept. 18.
“This Tax Collector’s Office has been particularly hostile to this industry in her public commentary,” he added.
Martinelli asked commissioners at that meeting to reject the ordinance or postpone voting on it until after the resolution of a 2014 lawsuit Gannon filed that alleged Airbnb, HomeAway, TripAdvisor and CouchSurfing International have not paid the bed taxes.
Any resolution doesn’t look likely to happen soon. Both sides will argue motions for summary judgment on Nov. 27 before Circuit Judge James Nutt. Gannon, who has vowed not to settle the case, has said it will go to trial.
Martinelli wants Gannon to enter into an agreement with Airbnb under which the company will collect the bed taxes and remit them to the county. Airbnb has reached such agreements with 39 Florida counties, including earlier this year with Miami-Dade and Broward counties. Both counties at the time said they would seek similar deals with other home-sharing platforms.
Airbnb reached an agreement with the state Department of Revenue in 2015 in which the company collects state sales tax from its Florida hosts and pays the state. The same year, it began reaching agreements with counties on the bed tax collections.
But Gannon won’t sign on. The problem, she has said, is that the agreements don’t require Airbnb to release any information about hosts or property addresses and don’t require payment of previous uncollected taxes.
Without host and property location information, Gannon said she can’t do an audit to see if Airbnb is paying all it owes.
“They give us a take-it-or- leave-it agreement,” Orfelia Mayor, Gannon’s general counsel, said at the September commission meeting. “It is take our word for it. This is what we owe you.”
Mayor raised another complaint at the October meeting, saying Airbnb has staged “a huge campaign of misinformation,” wrongly telling hosts that the ordinance would impose a new tax.
Vacation rental hosts attending the meeting said they were not trying to evade taxes.
Maria Vale was one of several hosts who thought Airbnb collected the bed tax.
“We thought Airbnb took care of everything,” she said.
Many said they did not understand what the county requires of them. Some had scoured the internet for information but could not find where the rules were spelled out.
One problem, it turned out, was that the information is not included on the county’s website. Instead, hosts need to look at the tax collector’s site, pbctax.com.
Speakers generally said they were in favor of the ordinance. But some said the county’s system is confusing and cumbersome, and asked for it to be simplified.
Mayor said that is, in part, what the ordinance will do by requiring platforms to tell hosts what the requirements are.
“It puts it all in one streamlined ordinance … so anyone knows how to stay in compliance,” she said.
But she agreed that the information should be included on the county’s website and that the tax collector’s site should be made “more robust.”
No officials from vacation rental platforms spoke at the meeting. But afterward, Airbnb released a statement saying the ordinance violates federal and state law by divulging private information about hosts. Mayor has disputed that and said Airbnb has not prevailed on that claim in any legal case.
“We will consider all options to protect the privacy and property rights of our Floridian hosts,” the statement said.

By Steve Plunkett

Defense attorneys for onetime Ocean Ridge Vice Mayor Richard Lucibella will be able to tell jurors in his January felony trial that he is 65 years old.
Judge Daliah Weiss on Oct. 12 denied prosecutor Danielle Grundt’s motion to bar any references to Lucibella’s age. “Any such reference would only serve to inflame the jury and suggest [an] improper basis for its verdict,” Grundt unsuccessfully argued.
Weiss granted Grundt’s request to not allow expert witnesses to testify on legal standards for probable cause, but reserved her rulings until the trial on requests to limit expert testimony that critiques the police investigation or focuses on an issue that is “within the realm of a common layperson’s understanding.”
She also reserved rulings on whether the defense can argue the search of Lucibella’s home was unlawful or the arrest was invalid.
Lucibella is charged with battery on an Ocean Ridge police officer and resisting arrest with violence, both felonies, and a misdemeanor count of using a firearm while intoxicated. The charges are punishable by up to 10 years in prison. He has pleaded not guilty.
The trial is scheduled to open Jan. 28.
Meanwhile, the insurance company lawyers representing Lucibella in a related civil lawsuit withdrew from the case Oct. 10, citing “irreconcilable differences.” Nubia Plesnik, one of the arresting officers, is suing Lucibella for battery and negligence during the course of the arrest.
Lucibella, who has a $10 million umbrella liability policy, is chief executive of a multimillion-dollar Medicare shared savings group and publishes a magazine for gun aficionados.
Plesnik’s lawyer filed notice of a “proposal for settlement” of the lawsuit on Aug. 31. Lucibella’s lawyers filed their motion to withdraw two weeks later.
Police went to the backyard of Lucibella’s beachfront home Oct. 22, 2016, after neighbors reported hearing gunshots. He resigned from the Town Commission that December.

Dan Moffett contributed to this story.

By Jane Smith

Trolley service was scheduled to return to downtown Delray Beach on Nov. 1.
The city’s Community Redevelopment Agency board, made up of the city commissioners and two citizens, voted 6-1 on Oct. 22 to pay for three months of the trolley operations along Atlantic Avenue, costing about $120,000.
To allow for flexibility in the season, the contract can be extended another three months, said Jeff Costello, CRA executive director.
During that time, data on the number of trolley riders and stops will be collected to adjust the trolley schedule every 30 days. An existing app, called Transit, will be available for riders with smartphones to find out when the next trolley will stop. And trolleys may have signs that say they’re free.
“Putting the trolley back into service is a Band-Aid,” said Bill Bathurst, a board member and city commissioner. “It won’t be one-size-fits-all with the trolley. … But when we pulled the trolley out and the Downtowner left at the same time, it showed how weak our system is.”
Both services stopped on Sept. 30.
The CRA board will meet with the Downtown Development Authority board for a Nov. 14 workshop to discuss downtown transportation. Members will talk about route changes, other sources of money to pay for the transportation services, natural gas or electric-powered vehicles and other topics related to reducing the number of vehicles downtown.
Board member Adam Frankel, who also is a city commissioner, was the lone no vote.
To ease his concern about whether the numbers provided by the trolley driver can be trusted, the DDA has some money to do a count of the riders at a particular stop, said Laura Simon, DDA executive director.
Four people spoke at the CRA meeting during public comments. All were for the trolley or some other form of downtown transportation.
Scott Roberts, general manager of the Fairfield Inn, told the CRA board members he’s OK with a nominal fee to keep the trolley operating. “If my guests have to use their cars or rental cars, they go to other cities to have dinner and not Atlantic Avenue,” he said.
When commercial real estate agent Christina Morrison sat on the Congress Avenue Task Force, the group wanted to supply transportation to allow workers west of the interstate to travel east to have lunch downtown, without using their cars. “Keep the trolley,” she said.
“Our tourism depends on the transportation system,” said Rick Konsavage, regional operations director for Ocean Properties. In Delray Beach, its holdings are the Marriott and Residence Inn hotels, Boston’s and 50 Ocean restaurants, and the tiki bar called Sandbar — all on the barrier island.
In mid-October, one group that stayed at the Marriott for its annual meeting was disappointed when it arrived, Konsavage said. “They picked our site because their members would not need to rent a car. But when they got here, there was no trolley and no Downtowner,” an electric vehicle ride service.
For the five properties, about 20 percent of the staff relies on the trolley to get to work, Konsavage said.
Even so, the two citizen members on the CRA board, Angie Gray and Pamela Brinson, don’t think the agency should have to pay the entire bill for the trolley’s operating costs.
“That’s a great question for the future,” said Shelly Petrolia, CRA board chairwoman and mayor. Petrolia suggested possible money sources may come from a nominal fee, advertising and the hotels. All will be discussed Nov. 14.

By Jane Smith

Delray Beach commissioners will let a judge determine whether two East Atlantic Avenue property owners have the right to build an extra floor in the three-story district.
The split vote, 3-2 against settling the $6.9 million lawsuit by carving out the contested parcels, took place in mid-October. Commissioner Ryan Boylston was concerned that chopping away at the district would lead to more lawsuits against the city.
“Every time you move that line, a new property owner is on the line,” he said after the meeting. “The city attorney could not prove that this was a one-stop situation.” Boylston rents space for his marketing firm in a corner building on that block.
Boylston joined Commissioner Bill Bathurst and Mayor Shelly Petrolia for letting a judge decide.
“This is the first cut, a slow and steady chipping away at something we worked hard to get,” Petrolia said at the meeting.
After 18 months of meetings, a previous City Commission had capped East Atlantic’s height at three stories between Swinton Avenue and the Intracoastal Waterway.
Petrolia and Commissioner Adam Frankel were part of the unanimous vote in February 2015.
City Attorney Max Lohman told commissioners that the owners of two properties had not been notified in early 2015 as required by state law. He said notices were sent out in late January to the owners. They have a year to bring a site plan for a four-story project to the city. Lohman was not the city attorney in early 2015.
One owner, William R. Burke Jr., who bought the building at 123 E. Atlantic Ave. in 1996, could not be reached for comment.
In May, Old School Bakery owner Billy Himmelrich and his business partner sued the city for $6.9 million to be able to build four stories on their parcels just east of the Old School Square cultural center. They own two parking lots and two buildings that house Tramonti and Cabana El Rey restaurants. Both restaurants have leases that expire in 2024, Himmelrich said.
Himmelrich and David Hosokawa have a history with the city and its Community Redevelopment Agency. In the mid-2000s, they sold a parcel through eminent domain to the CRA to complete the Old School Square park and in return bought a small parcel with 26 parking places. The partners lease that parcel to the CRA for parking for the Greenmarket and other events.
At the mid-October meeting, Himmelrich said, “I don’t want anything special.” After the meeting, he said, “I offered them a great solution and they are playing Russian roulette with the taxpayers’ dollars.”
Delray Beach real estate agent Brian Rosen said at the meeting that Himmelrich had helped to create the Old School Square park. “It’s not setting a precedent,” Rosen said.
Longtime resident Linda Oxford spoke about the height cap. “We want to be able to walk downtown and let sun hit our faces,” she said.
Resident Kelly Barrette reminded the commission that when the height cap was passed in 2015, people in the chambers stood and clapped. “One of the few standing ovations,” she said. Barrette also said the commissioners are “the last line of defense against inappropriate development.” She urged the commission to fight the lawsuit.
Lohman, though, said settling the lawsuit was not about the merits of the case. “The settlement is about certainty,” he said.
He declined to say how his office determined that only the owners of two properties had not been notified, citing the “ongoing litigation.”
“The Florida Statute notice requirements do not require confirmation of receipt of notices,” wrote Tim Stillings, development services director, in response to how the city tracks the notices. “When we send notices, we keep a record of the mailing labels.
“With respect to the changes to the Central Business District, the city sent notices during the consideration of the changes but did not send any immediately following the adoption.”
Stillings was not employed by the city in 2015.
Longtime East Atlantic Avenue building owner Bruce Gimmy said he did not receive a notice, but he knew about the height cap because he sat on the city’s Parking Management Advisory Board.
At the mid-October commission meeting, Lohman said the hearing on the city’s motion to dismiss, set for Oct. 19, had been canceled based on the 3-2 vote to settle the lawsuit that took place Sept. 25.
As of press time, the hearing had not been reset.
“I’m really concerned that the city’s motion to dismiss was canceled, based on the vote from one public hearing. It was a close vote,” Petrolia said after the meeting. “There were a lot of questions that were not answered for us to be making major decisions.”

Briny Breezes residents say that having a crosswalk stop at an intersection with a traffic light is confusing. The state may have erred when it put in the sign. Jerry Lower/The Coastal Star

By Dan Moffett

Briny Breezes residents will get the chance to learn a lot more about plans for the Gulf Stream Views townhouse project next door when developers come to town for a question-and-answer session on Nov. 13.
The event, which is open to the public, is scheduled for 5-7 p.m. in Briny’s ocean clubhouse.
Mayor Roger Bennett said he expects Ocean Ridge officials and County Pocket representatives to attend, as well as members of Briny’s corporate board and the Town Council.
“I’m getting a lot of questions and comments from returning snowbirds,” Bennett said during the Town Council meeting Oct. 25. “So everyone’s invited.”
The developers, NR Living, a division of National Realty Investment Advisors of Secaucus, N.J., plan to build 14 three-bedroom townhouse units on a roughly 2-acre site just south of Briny’s boundary line, north of the County Pocket, with pre-construction prices ranging from $1.8 million to $2.7 million.
Briny Breezes Town Manager Dale Sugerman said work to prepare the site for construction has already begun, with trucks hauling in large amounts of fill to “bring the grade of the property up significantly.” The developers have not yet released a work schedule for the project, Sugerman said.
In recent weeks, the Town Council has tried to clarify ownership of Briny Breezes Boulevard, a street that would provide access to the townhouses from the north off A1A. The town appears to own only a part of the 45-foot-wide right of way, Sugerman said, but it remains unclear exactly which part.
“The story gets interesting,” he said of talks with Palm Beach County officials over ownership.
Sugerman says it would appear that Briny owns the northern 30 feet of the right of way and the county owns the southern 15 feet. “However, there is only 18 feet plus or minus of pavement,” the manager said.
It remains unclear whether that 18 feet of pavement is under control of Briny or the county, he said, and that the county’s engineering department is working to resolve the matter.
With the townhome development on the horizon, several council members have said it may benefit Briny Breezes to assume full control of the right of way, if the county is willing to give up its share.
In other business, Sugerman said he is working with the Florida Department of Transportation to determine whether a “Stop for Pedestrians Within Crosswalk” sign belongs in the A1A crosswalk at the Cordova Avenue intersection.
Sugerman said FDOT inexplicably put the sign there recently, not long after the town requested a replacement sign for the one damaged by a motorist in September at the Ruthmary Avenue crosswalk. FDOT installed a new sign at that crosswalk two weeks prior to the Cordova replacement.
Residents have complained that the Cordova sign causes confusion because the intersection has a traffic light to assist pedestrians.
“I agree that there are conflicting commands,” he said, telling the council FDOT plans to examine the sign to see if it is appropriate.

The 29-room hotel will be demolished to make way for a condo project. Photo provided

By Christine Davis

This will be the last Thanksgiving holiday that Dorothy Gay “GiGi” Wright Vela, her siblings, their children and grandchildren will gather for dinner at Wright by the Sea, the beach hotel that has been in her family since 1950.
“My daughter cooks the turkey,” Vela said. “We eat it in the chickee hut that the Seminoles built for us 40 years ago.
“Its roof has been replaced only once and that was after Hurricane Sandy,” she says of the 2012 storm. “All of our children and grandchildren get to be with each other.”
On Oct. 1, Vela and her family sold their oceanfront property, the 29-room Wright by the Sea at 1901 S. Ocean Blvd., Delray Beach, to National Realty Investment Advisors and U.S. Construction Inc. for $25 million. The Wright family corporation is leasing it back through November, then the hotel will close permanently.
“We never put it up for sale. The buyer came to us. When I signed the contract, I felt like someone had socked me in the stomach. I couldn’t take a breath,” said Vela, 83.
Candace Friis, an agent with the Corcoran Group, brought the buyers and handled both sides of the off-market deal.
It was time to sell, Vela acknowledged.
“We were being taxed out of business. The property taxes were a quarter of a million for 29 rooms. And then there’s the 10 percent bed tax, and there are other taxes and we had health insurance to pay for our employees.”
No one connected with the hotel is happy about the sale, Vela added.
“Our family is devastated. Our staff is devastated — they’ve been with us for years. And we have 7,500 guests who come stay with us a year and they will now have no place to go.
“We are directly on the beach. Our property is so lovely, and when I walk through the breezeway, I think it’s just like paradise. But we realized that we couldn’t keep a hotel that’s not making money, and decided we had to sell it.”
On the upside, longevity runs in the family. Vela’s father lived well into his 90s, and Vela, who received a doctorate in psychology and human development in 1996, feels time is on her side. She looks forward to working in her new field.
“My friends say, ‘Now you have time to play bridge with us,’ but I don’t think so. I don’t want to play cards when there’s so much to do that’s exciting.”
And where will the family celebrate Thanksgiving in the future? “That’s to be determined,” Vela said.

Plans for property
National Realty Investment Advisors and U.S. Construction will redevelop the property into a condominium project and beach club on the almost 2-acre beachfront parcel. On the half-acre across the street at 1060 Del Harbor Drive, a parcel that was included in the deal, they plan to build townhomes.
The buyers received a $22 million mortgage from affiliates of New York-based Ares Commercial Real Estate Management.
“It’s going to be totally new construction, a luxurious offering of 19 units on the ocean, envisioned to feel like you are living in your own private beachfront residence,” said Stephann Cotton, president of the Stuart-based marketing and advertising firm representing the owners. “Today’s sophisticated buyers will appreciate the rare opportunity of buying direct oceanfront in one of America’s most sought-after towns. It’s the best design, the finest quality and oceanfront location to come to market in decades.”
Delray Beach architect Randall Stofft has already put together some designs, which will, in time, be released along with timetables on a registrants website, oceandelray.com.
National Realty Investment Advisors is a New Jersey-based development and investment firm with a focus on construction and renovation of townhomes, condos and multifamily projects in the Northeast. It has developed about 715 units since 2010 and has $335 million worth of projects in progress.
Local projects include the purchase of a $7 million waterfront development at 1248 and 1240 Seaspray Ave. in Delray Beach, and the $13 million purchase of two vacant waterfront lots at 2929 and 3565 N. Ocean Blvd. in Gulf Stream.
In June, the firm secured a $16.5 million loan to build a 14-townhome project, Gulfstream Views, on 2 acres at 30 Briny Breezes Blvd. in the County Pocket.
U.S. Construction Inc. of Philadelphia has developed and constructed more than 1,500 luxury homes and units among 50 complexes over the past 10 years. Its website notes the following Delray Beach projects underway: residences at 316 N. Ocean Blvd., 322 N. Ocean Blvd., 707 N. Ocean Blvd., 2929 N. Ocean Blvd. and 3565 N. Ocean Blvd.; four residences at 142 NE Seventh Ave.; a residence at 1239 Laing St.; and two townhomes at 837 Denery Lane.
Stephann Cotton’s Cotton & Company will take the marketing lead on this project. IMI Living will manage sales.

The Boynton Beach Civic Center, library and surrounding buildings were demolished in October. City Hall, police headquarters and other areas north of Ocean Avenue are scheduled to be torn down this month. Courtesy city of Boynton Beach

By Jane Smith

About a month into the Town Square project that will create a downtown for Boynton Beach, “everything is on track,” said Colin Groff, assistant city manager in charge of the project.
In October, the Civic Center, Art Center, City Library and Madsen Center buildings were demolished to make way for the 16-acre project. The area is under development by a public-private partnership among the city, its Community Redevelopment Agency and the development team of E2L Real Estate Solutions.
On the south side of Ocean Avenue, the new downtown will include a City Center that combines City Hall and the library, an amphitheater, a play area and a garage. The buildings should be finished in early 2020.
On the north side of Ocean Avenue, the existing City Hall, police headquarters and Fire Station 1 are slated to be torn down in November. The north side will have a district energy plant and a new Fire Station 1, along with a privately built hotel, retail space, offices, restaurants, apartments and a garage.
In past years, the city’s holiday tree lighting occurred in front of the Schoolhouse Children’s Museum, just east of City Hall. Because of the ongoing construction, that location is not suitable for the tree lighting ceremony because public parking is not available.
Instead, Boynton Beach Mayor Steven Grant suggested using the banyan tree in Dewey Park as the city’s “Christmas tree.” The park is three blocks east and out of the construction zone.
At the city’s October CRA meeting, board member Justin Katz joked, “It’s imperative that if an article is written about this that it says: Jewish mayor saves Christmas.”
The CRA board unanimously agreed to spend up to $25,000 to light up the banyan tree and the surrounding area after the city’s holiday parade on Dec. 1. The parade starts at 4 p.m. The banyan tree will be lit nightly through early January.
The CRA received three bids with costs ranging from $5,000 to $20,000 for the banyan tree lighting. Last year, the holiday tree lighting cost $36,000 to light up the artificial tree near the Children’s Museum.

Martina Navratilova (with racket) is a regular at Chris Evert’s charity event and is among those set to be part of the festivities again Nov. 9-11. 2017 photo provided by Camerawork, USA

By Christine Davis

Tennis stars John McEnroe, Patrick McEnroe and Martina Navratilova and actors Chris Noth and Jon Lovitz are scheduled to be among the celebrities on hand when Chris Evert hosts the 29th annual Chris Evert/Raymond James Pro-Celebrity Tennis Classic Nov. 9-11 at the Delray Beach Tennis Center.
A staple on the south Palm Beach County sports calendar, the event has raised more than $24 million for charity while featuring luminaries such as former President George H.W. Bush, Chevy Chase, Matthew Perry and Olivia Newton-John.
Sports celebrities featured over the years have included tennis stars Jimmy Connors, Lindsay Davenport, Tracy Austin, Jennifer Capriati, Venus Williams and Serena Williams. Other sports luminaries involved have been Don Shula, Pat Riley, Jim Palmer, Sugar Ray Leonard and Keith Hernandez.
Festivities begin with Tennis With Chrissie and Friends, an exclusive pro-am from 11 a.m. to 1 p.m. that Friday at the Boca Raton Resort and Club, and continue with the Classic Cocktail Reception from 7 to 9 p.m. at the club’s garden pool.
Action moves to the Delray Beach Tennis Center beginning at 11 a.m. Saturday, where tennis legends will be paired with an array of celebrities from the entertainment and sports worlds.
Saturday evening will feature the 29th annual Pro Celebrity Gala starting at 6, featuring Blood, Sweat and Tears back at the Boca Raton Resort. The event concludes with more matches at the Tennis Center on Sunday.
Tickets start at $20 general admission, with a wide range of ticket packages available at www.chrisevert.org or by calling 394-2400.

While Evert prepares for her Pro-Celebrity Tennis Classic, she’s also trying to sell her west Boca Raton estate and she’s offering an unusual incentive: a private tennis lesson.
Evert, who retired from professional tennis in 1989, listed her property at 8563 Horseshoe Lane last spring for $4.99 million. Built in 1995, the house and two guesthouses are sited on more than 5 acres. Evert bought it for $2.8 million in 2003, when she was married to Olympic skier Andy Mill. Katia Reisler of Douglas Elliman and Rebecca Spooner of Siemens Group Realty are the listing agents.

A Hillsboro Beach mansion at 935 Hillsboro Mile, known as Le Palais Royal and Playa Vista, will sell to the highest bidder in November, forgoing its previous asking price of $159 million and without a reserve price. Mayi de la Vega, owner of One Sotheby’s International Realty, is the listing agent. Concierge Auctions will handle the auction, which begins Nov. 12 and ends Nov. 15.
The 60,000-square-foot estate has 11 bedrooms, 22 bathrooms, an IMAX home theater, six waterfalls and two deep-water docks. Robert Pereira, president of the Middlesex Corp., a contracting firm based in Massachusetts, owns the property, which was first listed on the market in 2014 for $139 million, going up in price the following year. It was taken off the market in 2016.

Andrew Robins sold a new home, designed by Jag Design and Development, on a half-acre at 3833 S. Ocean Blvd., Highland Beach, to software entrepreneur Michael J. Rothberg and his wife, Judith, for $21.5 million. Robins bought the property for $3.675 million in 2014. The recent sale was recorded on Oct. 10. Michael Rothberg was previously the head of Boca Raton-based Sengent, which is now owned by New York-based Clarifi.

National Hockey League star Max Pacioretty sold his five-bedroom and 41/2-acre estate at 434 Areca Palm Road, Boca Raton, after it spent only five days on the market in mid-October. The property sold for $3.1 million and was listed with Devin Kay, an agent with Douglas Elliman, for $3.45 million. Features include smart house technology, safe room and indoor/outdoor basketball and sports court. Pacioretty plays for the Vegas Golden Knights after spending 10 years with Montreal.

The Fite Group Luxury Homes, a real estate firm headquartered in Palm Beach with offices in Delray Beach, Palm Beach Gardens and Wellington, has partnered with William Raveis Real Estate.
“This partnership with Raveis expands our network for our clientele, gives our agents access to cutting-edge technology and combines the high levels of service and luxury market positions for which both companies are known,” said David Fite, founder and principal of the Fite Group.
This partnership presented an opportunity for both companies. Since many Palm Beach County home buyers come from the Northeast, the Fite Group offers Raveis local expertise in Palm Beach County. “We have great respect for the Fite Group’s expertise and commitment to the discerning communities of Palm Beach County, demonstrated by David and Nadine Fite’s strong leadership,” said chairman and CEO Bill Raveis, who founded William Raveis Real Estate 44 years ago.
According to its websites, the Fite Group, founded 10 years ago, has 100 agents and has completed more than $5 billion in sales.
Over four decades, Raveis has grown from a single office over a grocery store in Connecticut to a family enterprise with more than 4,000 professionals in 130 offices across nine states, resulting in $10.2 billion in real estate sales in 2017.

Delray Beach was selected by Expedia as one of the best honeymoon destinations in America.
The honor was based on four sweet spots: Delray Beach got four out of five “bicycle” icons for action, four out of four “cityscape” icons for scenery, three out of four “roses” for vibes and two out of four “dollar signs” for affordability. In other words, Delray Beach scored well in three out of the four criteria. Delray Beach is so great, the article reads, that “you might want to tie the knot all over again.”

Planning the perfect day in Delray Beach just got a whole lot easier. The Delray Beach Marketing Cooperative recently launched an app on visitdelraybeach.org that provides an interactive way to map out things to do in the city.
Users can explore everything from events to popular restaurants to points of interest, as well as hotels and attractions — all with driving directions.
“See a beach activity you don’t want to miss?” asked Stephanie Immelman, the cooperative’s executive director. “Click ‘Join’ and the event will be added to your plan. Want to invite some friends? Share your plan with them directly or via social media, email or SMS.”

The Delray Beach Downtown Development Authority’s Delray Beach Fashion Week received a Silver Award in the special event category from Visit Florida’s 2018 Flagler Awards at the Florida Governor’s Conference on Tourism in Orlando.

On Small Business Day, Nov. 24 in downtown Delray Beach, shoppers can enjoy a holiday stroll and avail themselves of in-store and outdoor promotions, entertainment, festive decorations and light bites.
For this event, the Delray Beach Downtown Development Authority partnered with the City of Delray Beach, CRA and the Delray Beach Chamber of Commerce.
Recent additions to the downtown area include Biba, Doughnut Works, JuiceBuzz Mrkt & Juicery, Ramen Lab Eatery, Beachfront Properties, Wine House Social, Nada’s Italy, Style de Vie and Jennifer on the Avenue.
They join longtime local businesses Vince Canning Shoes, Avalon Gallery, Murder on the Beach Bookstore, Hand’s, Snappy Turtle, Delray Camera Shop, Huber’s Pharmacy, Periwinkle, Richwagen’s Delray Bike & Sport, and many more. 
At the Shop Small hospitality booths, customers who spend $50 at a downtown Delray Beach small business can receive complimentary gifts and Shop Small giveaways. 
The booths will be in Pineapple Grove by the banyan tree in front of Addison Gallery, 206 NE Second St., Delray Beach, from 10 a.m. to 2 p.m. and in front of Hand’s Office & Art Supply, 325 E. Atlantic Ave., from 2 to 4 p.m.
Visit DowntownDelrayBeach.com/ShopSmall for a list of participating merchants.

Event-goers can have fun playing cards while raising money to feed local seniors in need at Viva Las Vegas, an event that benefits the Community Caring Center of Palm Beach County. It will be from 6 to 11 p.m. Nov. 10 at Mercedes-Benz of Delray, 1001 Linton Blvd. After a cocktail reception, gaming will open with blackjack, Texas hold ’em, slot machines, roulette and craps. There will also be music by the Sound Proof, a silent auction, a carving station, heavy hors d’oeuvres, dessert buffet, coffee and tea. Tickets are $100. For tickets, go to cccgbb.org/2018-viva-las-vegas.

Through Dec. 7, the 13th annual Project Holiday will accept donated items for deployed members of the U.S. military.
For this initiative, the City of Delray Beach is partnering with two local organizations: You Are Not Alone and One Soldier at a Time.
You Are Not Alone provides encouragement and emotional support to family members and friends of troops, while One Soldier at a Time sends care packages and words of encouragement to deployed military members.
For a list of requested items and drop-off locations, visit mydelraybeach.com. 
If you are a resident of Delray Beach or Boca Raton and have a family member serving overseas in the military, request a care package by contacting Delores Rangel at 243-7010 or rangel@mydelraybeach.com. You can also contact Rangel if you want to volunteer to pack items to be shipped.

Florida Atlantic University’s College of Business has announced a partnership with the Dow Jones Barron’s in Education program. Students and faculty will receive a digital subscription to Barron’s, a weekly review, an email newsletter summarizing business and investment stories, and Barron’s MarketWatch Virtual Stock Exchange interactive game.
The program includes an invitation for a small group of faculty and students to visit Dow Jones headquarters and tour the newsrooms at Barron’s, The Wall Street Journal and MarketWatch. Also, students will have free access to Dow Jones’ online recruitment for internship and job opportunities.
The program, funded by Barron’s magazine, is sponsored by the wealth management firm PagnatoKarp, whose founder and CEO Paul A. Pagnato earned his bachelor’s degree from the Florida Atlantic University’s College of Science in 1986. PagnatoKarp is based in Reston, Va.

Local high school poets have until Dec. 1 to enter the Palm Beach Poetry Festival contest. Photo provided

The Palm Beach Poetry Festival launched its 15th annual Palm Beach County High School Poetry Contest in October in partnership with Old School Square in Delray Beach. Through Dec. 1, Palm Beach County high school students can submit one original poem (30 lines maximum) for consideration. Original poems should be submitted by email before midnight on Dec. 1 to PBPF1@aol.com. For contest rules, visit palmbeachpoetryfestival.org/event/2018-high-school-poetry-contest.
The winning poet will receive $200, and the four runners-up will each receive $100. All five poets will read their poems at the festival’s award ceremony on Jan. 21. The judge for the contest will once again be Dr. Jeff Morgan of Lynn University’s Department of English.

The League of Women Voters of Palm Beach County with the School District of Palm Beach County coordinated a successful voter registration effort at 23 local high schools on National Voter Registration day, Sept. 25.
More than 250 volunteers participated in this campaign, which happened over the lunch hour in public schools from Boca Raton to Jupiter. Now, many of the 1,940 high school students who registered can vote on Nov. 6.
“Our aim was to motivate young people to take the first step toward participating in the democratic process by registering to vote,” said Pam Maldonado, chairwoman of the Voting Service Committee for the League of Women Voters of Palm Beach County.

The League of Women Voters of Palm Beach County will host a Hot Topic Luncheon Nov. 21 to analyze election results. The Palm Beach Post editorial writer Howard Goodman will discuss “Where do we go from here?”
The luncheon is at the Atlantis Country Club, 190 Atlantis Blvd., Lake Worth. Doors open at 11 a.m., and lunch will be served at 11:30. The cost is $25 in advance or $35 at the door. RSVPs are requested at lwvpbc.org or by calling Estelle Friedman at 968-4123.

Condé Nast Traveler’s Readers’ Choice Awards has recognized six resorts in our area. They include The Boca Raton Resort and Club, No. 10; Eau Palm Beach Resort & Spa in Manalapan, No. 11; Palm Beach Marriott Singer Island Beach Resort & Spa in Riviera Beach, No. 14; Boca Beach Club in Boca Raton, No. 18; The Breakers in Palm Beach, No. 24; and Four Seasons Resort Palm Beach, No. 29.

Brian Biggane, Amy Woods and Mary Thurwachter contributed to this column.

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

By Jane Smith

Oceanfront Park will soon have upgraded playground equipment and a fitness area for adults after Boynton Beach city commissioners approved the $150,000 project in early October.
Kompan Inc., a Texas-based playground equipment maker, awarded a $50,000 grant to Boynton Beach, said Andrew Mack, the city’s public works director. “We were one of five nationally this year to receive the grant,” he told commissioners on Oct. 2.
Assembly of the playground will start in November and finish in January.
The playground site will be moved closer to the parking lot to allow two “megatowers” to be built. One unit will have climb-up ropes and slides, while the larger one will have a walking deck, Mack said.
The adult fitness area will have stair-climbers, pushup bars and stretching equipment, according to the drawings. Commissioner Mack McCray asked about shade coverings over the slides so that the equipment would not be too hot to use by kids wearing bathing suits.
Shade sails will not be installed, but the equipment will be placed close to the trees to provide some shade, Mack said.
The playground equipment should last 10 years, Mack said. It uses galvanized steel fittings and recyclable plastic that can “withstand the salt air.”

Lantana will be 100 years old in 2021, and town officials are seeking residents and business folks to join town staffers to form a centennial planning committee.
Once formed, the committee will meet quarterly to plan festivities, says Town Manager Deborah Manzo. “We’ll be brainstorming for creative and unique ideas for the town’s celebration of this historic event.”
Those interested in applying for the volunteer committee are asked to visit Lantana’s website, lantana.org, to complete an application, or email Town Clerk Nicole Dritz at ndritz@lantana.org.
— Mary Thurwachter

By Rich Pollack

Attorneys for David Del Rio, the financial adviser accused of siphoning nearly $900,000 from the accounts of a Highland Beach widow who was later found slain, will be in court this month hoping to get him released on bail.
Del Rio, who served as the financial adviser to Elizabeth Cabral, 85, has been in custody since mid-September after being charged with 27 counts of grand theft and financial fraud stemming from what detectives say were unauthorized withdrawals from the woman’s bank accounts.
“It’s very clear that he’s entitled to bond,” defense attorney Michael Salnick said. “He’s never been in trouble before.”
Although bail was originally set for $27,000 soon after his arrest, Del Rio remains in jail following contentions by prosecutors that any money used to post bail would be from ill-gotten gains. Prosecutors also contended that Del Rio was a flight risk, something Salnick says is not the case.
In court documents, prosecutors argued that “to allow the defendant to use funds and collateral that were obtained by his participation in an organized criminal scheme to defraud in order to secure his release is contrary to the purpose and intent of the statues.”

Salnick said he will argue that the money Del Rio, 35, will use to post bail is not connected to the charges. He also said Del Rio knew for months that he was under investigation by Palm Beach County Sheriff’s Office detectives but did not flee.
The attorney pointed out that law enforcement has seized Del Rio’s passport. He said that if Del Rio is released on bail, he would return to his home in Lee County and to his family.
“My client is going to do the right thing and show up for court when required,” Salnick said.
While in Palm Beach County Sheriff’s Office custody, Del Rio has frequently been visited by his wife, his parents and other family members.
“He has a very strong support base,” Salnick said.
While investigators have been tight-lipped about their investigation into Cabral’s death — she was found in her apartment in late April — Salnick denied any link between his client and the homicide.
“He’s unequivocally not involved in the homicide,” Salnick said.

By Steve Plunkett

Starting next spring, homeowners will be able to hold only two weekend garage sales a year, or four days in all, and must get a free permit beforehand from the city.
Brandon Schaad, Boca Raton’s development services director, said issuing permits would let the city keep track of how many times a particular resident holds a garage sale.
“There’s been some complaints received by the city regarding excessive numbers of garage sales held on some properties, to the extent that on some properties they essentially constitute a business operation,” Schaad told City Council members at their Oct. 10 meeting.
The frequent sales cause parking problems and noise for neighbors, Schaad said. Council members unanimously approved an enabling ordinance.
Schaad said his department would spend the next six months educating residents on the new requirements. After the outreach program ends, violators will receive one warning and face a $150 fine for a second occurrence. Permits will be available online and at City Hall.
“The whole point is not to make it difficult for regular residents,” Mayor Scott Singer said.
Deputy Mayor Jeremy Rodgers asked if Development Services could publish the list of garage sale permits so shoppers could plan their trips.
“It gives a way to publicly advertise for free in the city what yard sales are going on. … In that way we’re adding value I think,” Rodgers said.
In other business, council members authorized the sale of $36.7 million in capital improvement bonds to be paid back with proceeds from the county’s 1-cent sales tax. The bond money will finance projects that include Lake Wyman Park, Wildflower Park and Silver Palm Park.

Robert Patek left two poles but was forced to remove ropes he put behind his home to block tractors that bury beach debris. Jerry Lower/The Coastal Star

By Rich Pollack

Robert Patek had seen enough.
A Highland Beach resident with a home on the east side of State Road A1A, Patek has been complaining for years about tractors that rake the beach behind his home.
He has stood before town commissioners several times, complaining that the tractors leave deep tracks in the sand and bury garbage on private beaches.
“It’s like a tractor highway behind my house,” he said.
So several weeks ago, Patek put up poles and ropes on his beach to keep the tractors away. In doing so, he ran afoul of state law. Florida Department of Environmental Protection officials made him take the ropes down but allowed him to keep up two of the four poles.
However, those poles may be coming down soon, either as a result of an ordinance the town is considering or because Patek voluntarily removes them.
Although Patek may be losing a battle, it appears he’s getting closer to winning the war over how beaches are cleaned.
The Town Commission is discussing beach raking and considering ordinances to license and regulate the companies that homeowners hire to clean beaches. Two city advisory boards and town staff are also considering action.
“There is no consistency on how the beach raking is done on the beach,” said Commissioner Elyse Riesa. “The first step in protecting our beaches is to have the right rules in place.”
A proposed ordinance for mechanical beach raking would in essence mirror rules established by the state DEP, which Town Attorney Pamala Ryan says are difficult to enforce because of limited state resources.
With an ordinance in place and permits required, the town would be in a better position to enforce rules designed to preserve the beach, she said.

ABOVE: Fresh tracks from beach cleaning equipment are a common sight in Highland Beach. How deep the tracks can be may come under new regulations. Tim Stepien/The Coastal Star
BELOW: Robert Patek’s home lies between a house to the south and condo to the north that use different companies for beach cleanup. The tractor drivers use Patek’s property to turn around, and he installed poles in an attempt to block them. Jerry Lower/The Coastal Star

At least two other small coastal towns, Ocean Ridge and Gulf Stream, have no specific rules about beach cleaning, but Manalapan does have restrictions.
“We don’t regulate cleaning of the beaches specifically,” said Ocean Ridge Town Manager Jamie Titcomb. “We defer to the DEP and work closely with them.”
Gulf Stream Town Clerk Rita Taylor said the town requires any company working there to be registered but does not have any specific regulations for beach cleaners.
“We haven’t had any complaints,” she said.
In Manalapan, however, those who clean beaches mechanically are required to have permits and are required to comply with conditions set forth by the state. Manalapan also requires that mechanical beach cleaning be done between sunrise and 11:30 a.m. Monday through Saturday.
Among the provisions of the draft ordinance are requirements that all debris collected from the beach be removed, not buried, and that tracks from equipment not be more than 2 inches deep.
Clayton Peart, president of Universal Beach Services — one of two beach cleaning companies serving Highland Beach property owners — said his firm most likely would be able to comply with the proposed ordinance.
“We don’t think we’ll have a problem following nearly the same conditions of the ordinance, which are nearly the same as those required by DEP,” he said. “We’ve been working in Highland Beach since the 1970s and we want to do the best job we can for the town and all the residents.”
Commissioners are also considering including provisions to regulate manual beach cleaning on private beaches.
While there is agreement that rules are needed, town leaders are wrestling with whether private beach property owners should continue to be responsible for cleaning their beaches or whether the town should take on that role.
Who should be financially responsible for beach cleaning, should the town take over the task, is complicated by the fact that all of the beaches above the mean high-water mark in Highland Beach are privately owned.
During a meeting last month, the town’s Natural Resources Preservation Advisory Board agreed to recommend that the town hire one company to take over the beach raking. The board recommended having the cost shared by all residents in the town.
In addition to the draft ordinance regulating beach cleaning, town leaders discussed an ordinance drafted as a direct result of the barrier Patek put up on the beach.
Several commissioners said they heard from residents who complained that the poles and ropes Patek put up constituted a safety hazard to those walking on the beach.
To address that concern, the town attorney’s office drafted an ordinance that would prohibit any structures on dune or beach areas with sand. The ordinance does, however, allow for temporary recreational amenities, including volleyball nets or beach chairs. It also excludes seawalls and steps needed to access the beach.
In addition, commissioners are considering allowing property owners to post Private Property or similar signs near the foot of the dune.
For his part, Patek said he understands why the town and the state wanted his yellow rope and his poles removed. He said he plans to remove the two remaining poles soon.
But he said he’s going to be watching to see if the town can prevent tracks that he says are as deep as 2 feet and what he claims is trash being buried on private beaches.
If the town can’t control the rakers, he said, the poles and ropes might go up again.
“I just don’t want the tractors damaging the dune,” he said.